Grand Terrace City Council
April 8, 2025

Tuesday, April 8, 2025 1

CITY OF GRAND TERRACE
City Council
AGENDA ● April 8, 2025
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road

COMMENTS FROM THE PUBLIC
The public is encouraged to address the City Council on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council, please complete a Request to Speak card located at the front entrance and provide it to the City Clerk. Speakers will be called upon by the Mayor at the appropriate time and each person is allowed three (3) minutes speaking time.

The City wants you to know that you can also submit your comments by email to [email protected]. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to email, please call the City Clerk’s Office at (909) 954-5207 by 5:00 p.m.

If you wish to have your comments read to the City Council during the appropriate Public Comment period, please indicate in the Subject Line “FOR PUBLIC COMMENT” and list the item number you wish to comment on. Comments that you want read to the City Council will be subject to the three (3) minute time limitation (approximately 350 words).

Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area during regular business hours and on the City’s website www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 954-5207, or via e-mail at [email protected].

Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City’s website at www.grandterrace-ca.gov.

AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office, (909) 954-5207 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible [28 CFR 34.102.104 ADA Title II].

Tuesday, April 8, 2025 2
Call to Order
Invocation
Pledge of Allegiance
AB 2449 Disclosures
Remote participation by a member of the legislative body for just cause or emergency circumstances.

Roll Call
A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA B. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting.

C. SPECIAL PRESENTATIONS
Retirement Recognition by City Council - Lieutenant Bryan Lane Certificate of Recognition by Scott Ward, Communications Director with the San Bernardino County Board of Supervisors
D. CONSENT CALENDAR
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent calendar for discussion.
1) Waive Full Reading of Ordinances on Agenda
DEPARTMENT: City Clerk
2) Approval of Minutes - Regular Meeting - March 25, 2025 DEPARTMENT: City Clerk
3) (23) Quitclaim Deed Certificates of Acceptance
RECOMMENDATION: Approve the Quitclaim Deed Certificates of Acceptance for (23) parcels received from the San Bernardino County Transportation Authority, which are small parcels of land that remained after the completion of the roundabout on Barton Road above the I-215
DEPARTMENT: City Manager

Tuesday, April 8, 2025 3
4) Parks and Recreation Committee Appointment - Domon
DEPARTMENT: Public Works
5) Gateway at Grand Terrace Specific Plan EIR Addendum
DEPARTMENT: Planning & Development Services
6) Opposition to AQMD Rule 1111 and Rule 1121
DEPARTMENT: City Manager
7) Mayor Authority to Sign Letters of Support - Private Entities DEPARTMENT: City Manager
E. PUBLIC HEARINGS
8) CONTINUED PUBLIC HEARING
Zoning Code Amendment (ZCA) 24-04: Introduction and First Reading of an Ordinance Amending the Grand Terrace Municipal Code
RECOMMENDATION: Zoning Code Amendment (ZCA) 24-04: Introduction and First Reading of an Ordinance Amending the Grand Terrace Municipal Code Chapter 5.06 (Home Occupation Permits); Chapter 5.40 (Garage Sales); Chapter 5.42 (Integrated Waste Management); Chapter 5.48 (Massage Parlors and Massage Technicians); Chapter 8.108 (Noise); Chapter 8.112 (Fireworks); Chapter 9.05 (Vending on City Sidewalks); Chapter 10.16 (Storage of Vehicles – Intersection Obstruction); Chapter

12.32 (Conduct on Public Property – Parks); Chapter 12.56 (Wireless Telecommunications Facilities in the Public Right-Of-Way); Chapter 15.56 (Water Efficient Landscape); Chapter 18.10 (Residential Districts); Chapter 18.53 (AG Agricultural Overlay District); Chapter 18.56 (AG-2 Agricultural 2 Overlay District); Chapter 18.64 (Objective Design Standards); Chapter 18.80 (Signs); and Chapter

18.82 (Standards for Specified Land Uses and Activities), and a Determination That ZCA 24-04 is Exempt From CEQA Pursuant to CEQA Guidelines Section §15061(b)(3) – Common Sense Exemption.)
DEPARTMENT: Planning & Development Services
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS - NONE
H. FUTURE AGENDA ITEMS
At this time, the City Council may propose items for discussion and/or action at a future duly agendized City Council meeting. A consensus of a majority of the quorum is required to place an item on a future agenda.

Tuesday, April 8, 2025 4
I. CITY COUNCIL COMMUNICATIONS
Council Member Matt Brown
Council Member Jeff Allen
Council Member Doug Wilson
Mayor Pro Tem Michelle Sabino
Mayor Bill Hussey
J. CITY MANAGER COMMUNICATIONS
K. CLOSED SESSION - NONE
L. ADJOURN
The next Regular City Council Meeting will be held on May 13, 2025, at 6:00 PM. Any request to have an item placed on a future agenda must be made in writing and submitted to the City Clerk’s office.

CITY OF GRAND TERRACE
City Council
MINUTES ● March 25, 2025
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
Call to Order
Mayor Bill Hussey convened the Regular Meeting of the City Council for Tuesday, March 25, 2025, at 6:00 PM.

Invocation
The Invocation was given by Pastor Gabriel Morales from Azure Hills Seventh Day Adventist Church.

Pledge of Allegiance
The Pledge of Allegiance was led by Council Member Jeff Allen.

AB 2449 Disclosures
None.

Roll Call

Present: Council Member Jeff Allen
Mayor Bill Hussey
Council Member Doug Wilson
Mayor Pro Tem Michelle Sabino
Council Member Matt Brown

Absent:

A. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA
None.

B. PUBLIC COMMENT
Toni Rosales, Field Representative from the Office of Assembly Woman Leticia Castillo, provided a brief Legislative update.

C. SPECIAL PRESENTATIONS
Daysi Alcocer, City Clerk, introduced new employee Jessica Segovia, Department Secretary.

D. CONSENT CALENDAR
Council Member Matt Brown motioned with a second by Council Member Jeff Allen to approve items #1-4 and #6-8 on the Consent Calendar.

RESULT: APPROVED 5 TO 0
MOVER: None
SECONDER: None
AYES: Council Member Allen, Mayor Hussey, Council Member Wilson, Mayor Pro Tem Sabino, Council Member Brown
NAYS: None
1) Waive Full Reading of Ordinances on Agenda
2) Approval of Minutes - Regular Meeting - March 11, 2025 3) Approve the Girls on the Run Inland Empire Agreement to Provide Girls’ Confidence-Building Program.
4) Intent to Form Community Facilities District No. 2025-1 (Public Maintenance Services)
5) Parks and Recreation Committee Appointment - Dhason
This item will be brought back at the next Regular City Council Meeting scheduled for Tuesday, April 8, 2025.
6) 2024 Housing Element Annual Progress Report
7) Termination of Local Emergency
8) City of Grand Terrace Blue Mountain Festival Committee to host a beer garden as part of the event festivities on May 17, 2025, at Richard Rollins Park.

E. PUBLIC HEARINGS
9) General Plan Amendment 25-01 (2021-2029 Housing Element) Dan Wery, Project Manager and Hanna Kreitman, Housing Specialist, with Michael Baker, Int. provided the PowerPoint presentation on this item.

Mayor Hussey opened the Public Hearing at 6:53 p.m.

PUBLIC COMMENT
Patricia Farley, Grand Terrace Resident, expressed her deep concerns regarding this item.

Mayor Hussey closed the Public Hearing at 6:57 p.m.

RESULT: APPROVED 4 TO 1
MOVER: Council Member Allen
SECONDER: Council Member Brown
AYES: Council Member Allen, Mayor Hussey, Mayor Pro Tem Sabino, Council Member Brown
NAYS: Council Member Wilson
10) Zoning Code Amendment (ZCA) 24-04: Introduction and First Reading of an Ordinance Amending the Grand Terrace Municipal Code
Scott Hutter, Planning and Development Services Director, provided the PowerPoint presentation for this item.

Mayor Hussey opened the Public Hearing at 7:32 p.m.

PUBLIC COMMENT
Steve Gneckow, Grand Terrace Resident, expressed his concerns regarding the approval process for vendors
Richard Irwin, Renae Walker, and Tom Rivera expressed their concerns regarding fireworks.

Johan Gallo, Grand Terrace Resident, expressed his concerns regarding the generator hours discussed.

Mayor Hussey closed the Public Hearing at 7:42 p.m.

Mayor Hussey motioned with a second by Council Member Allen to continue the Public Hearing Item to a date certain of April 8, 2025, at 6:00 p.m. with the following recommendations provided to staff as follows:
• Building Official has the authority to modify construction hours as necessary.
• Replacement of the word "Parlor" with "Clinic".
• Clarify when the back-up generators can run and when they can be tested

RESULT: APPROVED 5 TO 0
MOVER: Mayor Hussey
SECONDER: Council Member Allen
AYES: Council Member Allen, Mayor Hussey, Council Member Wilson, Mayor Pro Tem Sabino, Council Member Brown
NAYS: None
F. UNFINISHED BUSINESS - NONE
G. NEW BUSINESS - NONE
H. FUTURE AGENDA ITEMS
Council Member Matt Brown requested that a discussion be held regarding the AQMD Rules 1111 and 1121 and that a resolution be made, requesting a delay to AQMD Rules 1111 and 1121.

RESULT: APPROVED 5 TO 0
MOVER: Council Member Brown
SECONDER: Mayor Hussey
AYES: Council Member Allen, Mayor Hussey, Council Member Wilson, Mayor Pro Tem Sabino, Council Member Brown
NAYS: None
I. CITY COUNCIL COMMUNICATIONS
Council Member Brown:
• Nothing to Report
Council Member Allen reported on the following:
• Attended the Chamber of Commerce on March 26, 2025
• Attended the CivicWell Conference
• Attended the San Bernardino County Veterans Advisory Committee Meeting on March 24, 2025
Council Member Wilson reported on the following:
• Attended the Swearing in of Senator Rosilicie Ochoa-Bogh in Plam Desert on March 7, 2025
• Attended the San Bernardino County Revitalization group • Attended the Cal Cities inland Empire meeting
Mayor Pro Tem Sabino reported on the following:
• Congratulated Christy from Get Loaded Guns and Ammo

Mayor Hussey reported on the following:
• Thanked Council Member Brown and Mayor Pro Tem Sabino for covering his meetings during his absence
J. CITY MANAGER COMMUNICATIONS
Konrad Bolowich, City Manager, reported on the following:
• Edison will be having a Workshop on how to manage power outages on April 1, 2025, at the Senior Center.
• A blood drive will be held at City Hall in the Community Room on April 9, 2025, from 12pm to 6pm.
• May 1, 2025, at 6pm, Senator Rosilicie Ochoa- Bogh will be hosting a Town Hall Meeting in the Council Chambers.
• Rave at the Orange Show on March 28-29, 2025, in San Bernardino from 4pm to 2am

SHERRIFF REPORT
• Update on Deputy Hector Cuevas' fatality that occurred on March 17, 2025 • Provided the Noise Hotline Number (424) 303-6017, which is only operational during the rave

FIRE REPORT
• In the absence of Assistant Chief Gary Jager, Anthony Rapoza introduced a new member of the Fire Department, Jared Dauden.

K. RECESS TO CLOSED SESSION
Mayor Hussey recessed the regular meeting of the City Council to closed session at 8:21 p.m.

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR – GOVERNMENT CODE SECTION 54956.8 Property: Palm & Barton Rd., 22795 Barton Rd., Grand Terrace, CA 92313, APN 0276-202-47 Property Negotiators: Anthony & Angeline Petta Trust Agency Negotiators: Konrad Bolowich, City Manager, and Adrian Guerra, City Attorney Under Negotiation: Price and Terms of Payment

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR – GOVERNMENT CODE SECTION 54956.8 Property: Palm & Barton Rd., 22795 Barton Rd., Grand Terrace, CA 92313, APN 0276-202-61 Property Negotiators: Anthony & Angeline Petta Trust Agency Negotiators: Konrad Bolowich, City Manager, and Adrian Guerra, City Attorney Under Negotiation: Price and Terms of Payment

3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR – GOVERNMENT CODE SECTION 54956.8 Property: Palm & Barton Rd., 22757 Barton Rd., Grand Terrace, CA 92313, APN 0276-202-31 Property Negotiators: Anthony & Angeline Petta Trust

Agency Negotiators: Konrad Bolowich, City Manager, and Adrian Guerra, City Attorney Under Negotiation: Price and Terms of Payment

RECONVENE TO OPEN SESSION
Mayor Hussey reconvened the regular meeting of the City Council from closed session at 8:54 p.m.

REPORT OUT OF CLOSED SESSION
Adrian Guerra, City Attorney, announced that there were three (3) closed session items under the heading Conference with Real Property Negotiator for two properties at 22795 and one at 22757. An update was provided by the City Attorney, there was discussion and no reportable action taken.

L. ADJOURN
Mayor Hussey adjourned the Regular Meeting of the City Council at 8:56 p.m. in honor of San Bernardino County Sheriff's Office, Deputy Hector Cuevas, who lost his life in the line of duty on March 17, 2025. The next Regular City Council Meeting will be held on Tuesday, April 8, 2025, at 6:00 p.m.
_______________________________ _______________________________ Bill Hussey, Mayor Daysi Alcocer, City Clerk

AGENDA REPORT
MEETING DATE: April 8, 2025
TITLE: Parks and Recreation Committee Appointment - Domon PRESENTED BY: Shanita Tillman, Sr. Management Analyst
RECOMMENDATION: Approve by Minute Order Lacee Domon to Serve as Council Member Doug Wilson's Appointee
2030 VISION STATEMENT:

This staff report supports all adopted Goals and all adopted Core Values of the City Council's 2030 Vision.

BACKGROUND:

On July 25, 2017, the City Council of Grand Terrace approved Resolution No. 2017-23 (Attachment I) to re-establish a Parks and Recreation Advisory Committee (Committee) which meets the second Thursday of each month at City Hall. The Committee is made up of five (5) members who provide recommendations to the City Council, which then votes on actions related to parks and recreation.

On August 22, 2017, the City Council adopted the Grand Terrace Parks and Recreation Committee By-Laws (Attachment II). The By-Laws of the Committee membership requires:
• Each Council Member appoint a person to the committee; • Council approve the appointments by minute order; and, • Appointments shall continue in effect until a successor is appointed.

Councilman Doug Wilson was elected to the City Council in November 2014 and re-elected in 2022.

Due to Wilson's previous appointee stepping down from the committee in 2024, there is currently a vacancy.

DISCUSSION:

On March 25, 2025, another candidate intended to join the Parks and Recreation Committee but was disqualified upon discovery that they were neither a resident of Grand Terrace nor a business owner within the city, failing to meet the eligibility criteria specified in the by-laws. As per these by-laws, each Council Member is tasked with appointing a member to the Committee. Council Member Wilson proposes appointing Lacee Domon to the Committee and seeks the Council's approval through a minute order.

ENVIRONMENTAL IMPACT:

No enviromental impact.

FISCAL IMPACT:

No fiscal impact

CITY OF GRAND TERRACE PARKS &

RECREATION ADVISORY COMMITTEE

BY-LAWS
August 22, 2017
I. CREATION
The City of Grand Terrace City Parks and Recreation Advisory Committee was established by the City Council of City of Grand Terrace to advocate for recreational opportunities for the City, and to provide input on the implementation of new programs and facilities within the existing park system.

II. NAME
Title name of this organization is the City of Grand Terrace Parks and Recreation Advisory Committee, hereinafter referred to as the GTPARC.

III. PURPOSE
The GTPARC exists to aid the City of Grand Terrace in providing ample and diverse recreational opportunities for City residents, in part by advising the City Council, through the Department designated by the City Manager, on the implementation of the Existing Park Assessment Plan. In addition, GTPARC shall provide input on proposed park use by organized recreational leagues.

The following lists of objectives and responsibilities relative to the purpose and objectives of GTPARC may be added to or deleted as necessary:

1. Provide recommendations to the City Council relative to parks and recreation.

2. Solicit citizen opinions relative to parks and recreation.

3. In conjunction with City staff, request information from, and consult with, service organizations, special interest groups, neighborhood associations, and other professionals on the Existing Park Assessment Plan or ideas for new park projects.

2 4. Make Recommendations to the City Council for the implementation of the Existing Parks Assessment Plan and use of existing recreational facilities by organized recreational leagues

5. Provide public meeting time for citizen input at least once per month IV. ORGANIZATION

1. The GTPARC shall consist of five (5) members. All appointments shall be made by minute record of the City Council and shall continue in effect until a successor is appointed. Each member of the City Council shall appoint one (1) member of the GTPARC.
2 There will be Chair and Vice-Chair positions for the GTPARC. Each position will be for a one-year term. The Vice-Chair shall automatically advance to Chair, after one year of service as Vice Chair.

3. The Chair is responsible for running committee meetings.

4. The City Manager or his designee shall attend all meetings. Their purpose is to aid the GTPARC through information, initiation of projects, perspective, referrals, and other customary staff support services.

5. The GTPARC encourages citizen participation and will, from time to time, request specific or general citizen/expert input.

V. MEMBER ELIGIBILITY

1. Appointee must be a Resident or Owner of Business in the City of Grand Terrace to be eligible for an appointment.

2. Member resignations will be filed with the City Clerk as soon as possible after the member has decided to resign.

3. After two (2) consecutive unexcused absences, the Chair will contact the committee member. Staff shall inform appointing Council member of appointee’s continued absence.

VI. MEETINGS

1. A minimum of 10 regular meetings shall be schedule annually, at a time and place agreed upon by the committee.

3 2. The Chair, or City Staff may call special meetings, as needed. A minimum notice of 48 hours must be provided for any called special meeting.

3. A quorum shall exist when 3 members are present.

4. City Staff assigned to the GTPARC shall be responsible for recording minutes for all meetings.

5. Voting will be by voice vote. No voting by proxy.

6. Formal agenda items must be submitted to the Staff Representative 5 working days prior to the meeting date.

7. Citizens may introduce future agenda items at the beginning of each meeting (limited to 5 minutes).

8. Meeting Procedure: The parliamentary procedure for meeting and operations of the Committee shall be the responsibility of and within the authority of the Chair. In the event there is a disagreement or objection to the procedures pursued by the Chair, Roberts Rules of Order, Newly Revised, shall constitute the authority.

VII. AMENDMENTS

1. Modification of these By-Laws must be approved by the City Council before they become effective.

2. The procedure to recommend modification of these By-Laws to the City Council shall be:
a. All recommended modifications are to be presented and discussed at a regularly scheduled GTPARC meeting;
recommendation to the City Council may be made at the same meeting if consensus is reached.
b. A majority vote of the GTPARC membership present is necessary to recommend a change in the By-Laws.
c. With a majority vote of the GTPARC members, an exception to these by-laws for a specific and unique purpose may be presented to the City Council for approval and implementation. * * * * * * * * * *

01247.0001/1066194.1

AGENDA REPORT
MEETING DATE: April 8, 2025 Council Item
TITLE: Gateway at Grand Terrace Specific Plan EIR Addendum PREPARED BY: Gabriel Arguelles, Assistant Planner with the Planning & Development Services Department, and Natalie Patty,
Project Manager at Lilburn Corporation.

RECOMMENDATION: The City Council approve and adopt the Addendum to the Gateway Specific Plan EIR
2030 VISION STATEMENT:

This staff report supports Goal #5, Engage in Proactive Communication, by providing transparent governance to the community.

BACKGROUND:

On July 23, 2024, the City Council adopted Ordinance No. 356, approving the Gateway at Grand Terrace Specific Plan for a 112-acre Project area encompassing both developed and undeveloped land, including portions of Van Buren Street, De Berry Street, and Taylor Street. The Project proposes the future development of commercial, residential, public utilities, and public park and open space uses, including associated on- and off-site infrastructure improvements (roadway improvements, sewer, water, storm drain, dry utilities), under the guidance of the proposed Specific Plan. Future development would consist of the following land use areas within 22 Planning Areas (PAs).

Additional discretionary approvals associated with the Gateway at Grand Terrace Specific Plan included:

General Plan Amendment No. 17-01 which changed the existing General Plan land use designation from Mixed Use to Gateway at Grand Terrace Specific Plan (GSP). The land use designations within the GSP Zone includes Medium-High Density Residential 8 – 20 dwelling units per acre (MHDR 8-20), High Density Residential 12 – 20 dwelling units per acre (HDR 12-20), General Commercial (GC), Park, Open Space, Drainage Facilities, Utilities, Roads. In addition, the Project area would include Utility/R 4-20, Utility/General Commercial, and Open Space Overlays.

Zone Change No. 17-02 changed the existing zoning from CM – Commercial

01247.0001/1066194.1
Manufacturing, M2 – Industrial, and MR – Restricted Manufacturing to Gateway at Grand Terrace Specific Plan (GSP).

Specific Plan No. 17-01 included the adoption of The Gateway at Grand Terrace Specific Plan document that established the necessary plans for development standards, regulations, zoning, infrastructure requirements, design guidelines and implementation programs on which subsequent project-related development activities (i.e., future implementing development projects).

Tentative Parcel Map No. 18-01 for Conveyance Purposes was necessary for establishing legal parcels for the PAs, dedicated right of way for public roadway construction, and established easements for public utilities and other facilities.

Subsequent maps would be required for any future development on the PAs to occur.

CURRENT ISSUE:

Since the time of City Council certification and approval of the Gateway at Grand Terrace Specific Plan Environmental Impact Report (EIR), litigation between Advocates for the Environment, the City of Grand Terrace, and the applicant (Lewis) occurred.

Based on a settlement agreement between Advocates for the Environment and Lewis, a new mitigation measure (GHG-5) was proposed to provide additional offset of impacts to Greenhouse Gases. An Addendum request letter is provided from the applicant (Lewis) and a copy is included as Attachment 1 to this report.

CEQA ANALYSIS:

Since only new mitigation (Mitigation Measure GHG-5) was added to address impacts to greenhouse gas (GHG) that were previously identified in the EIR, the additional mitigation was addressed in an Addendum to the Final EIR. Since the addition of a mitigation measure further reduces GHG emissions and no other changes to the Project including the Gateway at Grand Terrace Specific Plan resulted, no circulation of the Addendum, Final EIR or MMRP was required as outlined in CEQA Section 15164(c). In addition, no public hearings are required. This CEQA analysis is supported by memos from both Monchamp Meldrum LLP (legal representation for Lewis) and the City’s CEQA consultant (Lilburn Corporation), provided as Attachments 2 and 3 of this report.

The Addendum would be approved as a City Council Consent Calendar item, and no new Notice of Determination (NOD) would be required.

SPECIFIC PLAN:

No changes to the Gateway at Grand Terrace Specific Plan were required. Mitigation measures were not provided within the Specific Plan. Language set forth in Chapter 1.5 of the Specific Plan directs the reader to the EIR and MMRP for mitigation measures.

01247.0001/1066194.1
MMRP:

The Mitigation Monitoring and Reporting Program (MMRP) for the approved Gateway at Grand Terrace Specific Plan (SP 17-01) has been updated to include the new Greenhouse Gas Mitigation Measure (MM GHG-5), which was agreed upon by the Lewis Group and the Advocates for the Environment and is provided as Attachment 4.

ADDENDUM TO FINAL EIR:

In accordance with CEQA Guidelines Section 15164(a), the lead agency prepared an Addendum to the Gateway at Grand Terrace Specific Plan EIR, which is provided as Attachment 5. In accordance with Section 15164(a), an addendum to a previously certified EIR is the appropriate document if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. In addition, an addendum need not be circulated for public review but can be included in or attached to the final EIR (CEQA Guidelines Section 15164(c).

CEQA Section 15162, Subsequent EIRs and Negative Declarations, states that:
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;

01247.0001/1066194.1
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.
(c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required.

Information appearing after an approval does not require reopening of that approval.

If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed.

CONCLUSION:

In accordance with CEQA Section 15162, an Addendum to the Final EIR for the Gateway at Grand Terrace Specific Plan was prepared. The Addendum addressed the inclusion of Mitigation Measure GHG-5 and determined that no substantial changes to the analysis presented in the EIR would result. The Addendum is attached to the Final EIR and includes supporting information (i.e., Memorandum prepared by Lilburn Corporation) indicating why the addendum was the appropriate document to address the new mitigation measure (Mitigation Measure GHG-5). Staff recommends that the City Council receive approve and adopt the Addendum to the Gateway at Grand Terrace Specific Plan EIR.

01247.0001/1066194.1
FISCAL IMPACT:

There is no fiscal impact associated with this addendum to the Environmental Impact Report (EIR). The costs for the City’s CEQA consultants will be fully covered by the Developer Deposit Account. There will be no cost to the City for these services.

ATTACHMENTS:
1) Submittal Letter for the Addendum from Lewis Group
2) Memorandum from Monchamp Meldrum LLP
3) Memorandum from Lilburn Corporation
4) Amended MMRP
5) Addendum to the FEIR

Attachment 1
(Submittal Letter for the Addendum from
Lewis Group)

1156 N. Mountain Avenue / Upland, California 91785-0670 / (909) 985-0971 Lewis Land Developers, LLC
1156 N Mountain Avenue
Upland, CA 91786
March 21, 2025
Scott Hutter – Planning and Development Services Director City of Grand Terrace, Community Development Department 22795 Barton Road
Grand Terrace, CA 92313
Re: Gateway at Grand Terrace Specific Plan Environmental Impact Report Addendum Application Dear Mr. Hutter:

Lewis Land Developers, LLC (“Lewis”) hereby submits our request to the City of Grand Terrace (“City”) to prepare an Addendum to the Final Environmental Impact Report (“FEIR”) and Mitigation Monitoring and Reporting Program (“MMRP”) for the approved Gateway at Grand Terrace Specific Plan (“SP”) to add a new Greenhouse Gas Mitigation Measure (MM GHG-5).

Lewis requests to add the following MM GHG-5 language as an Addendum to the FEIR and MMRP:
“Prior to issuance of each certificate of occupancy within each commercial project or residential project within the Grand Terrace Project, the City shall confirm that the commercial project or residential project has participated in the reduction of the overall GHG emissions from the Grand Terrace Project (which are 12,076 MTCO2E/yr of commercial emissions and 6,391 MTCO2E/yr of residential emissions) through a combination of the following mechanisms:
• For the commercial portion of the Project, the purchase of a total of $325,629 in GHG offset credits (based on an estimated cost of $0.97 per square foot), or an equivalent amount has been spent on either on-site solar panels (mounted on rooftop or parking lot), or on-site EV chargers (internal or external to buildings), or electrification or clean fuel usage of any vehicle fleets domiciled at the site, or electrification or clean fuel usage of onsite handling equipment (forklifts, etc.). • For the residential portion of the Project, the purchase of a total of $172,917 in GHG offset credits (based on an estimated cost of $248.80/development unit), or an equivalent amount has been spent to install a garage-mounted NEMA (National Electrical Manufacturers Association) 14-50 outlet per unit; on-site EV chargers in external parking areas; install parking lot solar; incorporate load centers/smart panels and/or energy recovery ventilators; install bidirectional chargers compatible with V2H/V2B (vehicle-to-home/vehicle-to-building); upgrade insulation, windows, and/or heat pump efficiency beyond Title-24 minimums, qualify as ENERGY STAR Home Program or Department of Energy (DOE) Zero Energy Ready Home Program; and/or any similar measure the City determines generates equivalent greenhouse gas mitigation.”

2 If you have any questions or concerns, please contact Adam Collier at (909) 946-7593 or Waen Messner at (909) 579- 1216.

Thank you for your time and consideration.

Sincerely,
Adam Collier
Vice President – Planned Communities
Lewis Land Developers, LLC
Attachments:
• Addendum to the FEIR Application
• Draft Addendum to the FEIR
• Amended MMRP

Attachment 2
(Memorandum from Monchamp Meldrum LLP)

To: Lewis Land Developers, LLC
From: Monchamp Meldrum LLP
Date: March 20, 2025
RE: Gateway Specific Plan Environmental Impact Report Addendum To settle litigation filed by Advocates for the Environment, Lewis Land Developers, LLC and the City of Grand Terrace (City) have agreed to comply with a new mitigation measure to reduce greenhouse gas emissions. This new mitigation measure, MM GHG-5, needs to be added to the Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Plan (MMRP). This can be added through an addendum.

The Gateway Specific Plan does not include the mitigation measures and no amendment to the Gateway Specific Plan is necessary.

Since only new mitigation is being added to further reduce impacts to greenhouse gas emissions that were previously identified in the EIR, the additional mitigation can be addressed by preparing an Addendum to the Final EIR that adds MM GHG-5 to the Final EIR and the MMRP. No circulation of the addendum or Final EIR is required, and the addendum can be approved administratively without public hearings. The City is not required to file a Notice of Determination but one may be filed should the City or Lewis wish to do so. The City is also not party to the settlement so the City Council need not approve the settlement agreement; however, we understand the City would like the City Council to approve the addendum as an item on consent calendar. The City can elect to proceed in that manner.

Attachment 3
(Memorandum from Lilburn Corporation)

1905 Business Center Drive ● San Bernardino ● CA 92408 ● 909-890-1818 ● Fax 909-890-1809

MEMORANDUM
DATE: March 25, 2025 LC PROJECT NO. 1503
TO: Gabriel Arguelles, Assistant Planner, City of Grand Terrace FROM: Natalie Patty
SUBJECT: Gateway at Grand Terrace Specific Plan, Final EIR and MMRP Understanding of the Update to the Project:

1. The Final Environmental Impact Report (EIR) (State Clearinghouse No. 202102011) and Mitigation Monitoring and Reporting Program (MMRP) for the Gateway at Grand Terrace Specific Plan was certified and approved by the City Council.

2. Based on litigation/settlement agreement between the applicant (Lewis) and Advocates for the Environment, a new Mitigation Measure was added to the Final EIR to provide an additional offset of impacts to Greenhouse Gases (new Mitigation Measure GHG-5).

Proposed Action to Address the Update
Since only new mitigation (Mitigation Measure GHG-5) is being added to address impacts to greenhouse gas (GHG) that were previously identified in the EIR, the additional mitigation can be addressed by preparing an Addendum to the Final EIR. Since the addition of a mitigation measure would further assist in reducing GHG emission and no other changes to the Project including the Gateway at Grand Terrace Specific Plan would result, no circulation of the Addendum, Final EIR or MMRP is needed as required by CEQA Section 15164(c). In addition, no public hearings are required. The Addendum would be reviewed as a City Council Consent Calendar item, and no new Notice of Determination (NOD) would be required.

Specific Plan
No changes to the Gateway at Grand Terrace Specific Plan are needed, and no Amendment to this document is necessary. Mitigation measures are not necessary, nor are they provided within the Specific Plan document. Language is set forth in Chapter 1.5 of the Specific Plan, which directs the reader to the EIR and MMRP for mitigation measures. Therefore, Mitigation Measures GHG5 does not need to be added to the Specific Plan document.

Addendum to Final EIR
In accordance with CEQA Guidelines Section 15164(a), the lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of

Memo to Gabriel Arguelles
March 25, 2025

2 the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. In addition, an addendum need not be circulated for public review but can be included in or attached to the final EIR (CEQA Guidelines Section 15164(c).

CEQA Section 15162, Subsequent EIRs and Negative Declarations, states that:
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) Once a project has been approved, the lead agency's role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after

Memo to Gabriel Arguelles
March 25, 2025

3 an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed.

The decision-making body shall consider the addendum with the Final EIR prior to making a decision on the project. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162, should be included in an addendum to the EIR, the lead agency’s finding on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

CONCLUSION
Following consideration of CEQA Section 15162, an Addendum to the Final EIR prepared for the Gateway at Grand Terrace Specific Plan is the appropriate action for providing the new Mitigation Measure GHG-5, as no substantial changes to the document with implementation of the new mitigation measure would result. The Addendum should be clearly labeled (title page with header “Addendum to Final EIR”) and attached to the Final EIR. Supporting information indicating why an addendum is appropriate needs to be provided (i.e., this Memorandum).

Attachment 4
(Amended MMRP)

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 2 The Gateway at Grand Terrace Specific Plan MM AQ-1: Low VOC Paint (Construction). During construction, the Project shall utilize “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits (i.e., have a lower VOC content than what is required) put forth by SCAQMD’s Rule 1113 for all architectural coatings.

Super-Compliant low VOC paints shall be no more than 10g/L of VOC. Prior to issuance of building permits, the City of Grand Terrace Building and Safety Division shall confirm that plans include the following specifications:
• All architectural coatings will be super-compliant low VOC paints. • Recycle leftover paint. Take any leftover paint to a household hazardous waste center; do not mix leftover water-based and oilbased paints • Keep lids closed on all paint containers when not in use to prevent VOC emissions and excessive odors.
• For water-based paints, clean up with water only. Whenever possible, do not rinse the cleanup water down the drain or pour it directly into the ground or the storm drain. Set aside the can of cleanup water and take it to the hazardous waste center (www.cleanup.org).
• Use compliant low-VOC cleaning solvents to clean paint application equipment.
• Keep all paint- and solvent-laden rags in sealed containers to prevent VOC emissions.
• Contractors shall construct/build with materials that do not require painting and use pre-painted construction materials to the extent practicable.
• Use high-pressure/low-volume paint applicators with a minimum transfer efficiency of at least 50 percent or other application techniques with equivalent or higher transfer efficiency.

Project Applicant;
Construction
Contractor
Ongoing during
construction
City of Grand Terrace Planning
& Development Services
MM AQ-2: Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Grand Terrace prior to the issuance of building permits and incorporated into the Project’s Covenants, Conditions, and Restrictions (CC&Rs). The TDM Project Applicant Prior to issuance of
Building Permits.

City of Grand Terrace Planning
& Development Services
Mitigation Measures Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature
Required)
(Date of
Compliance)

AIR QUALITY

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 3 The Gateway at Grand Terrace Specific Plan plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan.

TDM Requirements for Non-Residential Uses:
• The Project Applicant shall consult with the local transit service provider on the need to provide infrastructure to connect the Project with transit services. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus turnouts, shelters, or bus stops at the site.
• The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ridematching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a website or message board for coordinating rides, designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities. This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses.

TDM Requirements for Residential Units:
• Owner-Occupied Units. Upon a residential dwelling being sold or offered for sale, the Project Applicant shall notify and offer to the buyer or prospective buyer, as soon as it may be done, materials describing public transit, ridesharing, and nonmotorized commuting opportunities available in the vicinity of the Project.

Such information shall be transmitted no later than the close of escrow. This information shall be submitted to the City of Grand Terrace Planning Division for review and approval, prior to the issuance of the first certificate of occupancy.
• Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Grand Terrace. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 4 The Gateway at Grand Terrace Specific Plan to the City of Grand Terrace Planning Division for review and approval, prior to the issuance of the first certificate of occupancy.

MM AQ-3: Prohibition of Fireplaces. The installation of wood-burning and natural gas devices shall be prohibited. The purpose of this measure is to limit emissions of ROG, NOX, particulate matter and visible emissions from woodburning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the deed and/or lease agreements for future property owners/tenants to obey.

Project Applicant;
Future Property
Owners; Tenants.

Prior to issuance of
Building Permits,
During operations
City of Grand Terrace Planning
& Development Services
MM AQ-4: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the Project’s Covenants, Conditions, and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used onsite shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable.

Project Applicant;
Construction
Contractor; Future
Property Owners;
Tenants.

Prior to issuance of
occupancy permits
City of Grand Terrace Planning
& Development Services
MM AQ-5: Low VOC Paint (Operations) The Project Applicant shall require by contract specifications commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 10 grams per liter (g/L) or less(i.e., “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits). Contract specifications shall be reviewed and approved by the City of Grand Terrace prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property.

Project Applicant Prior to issuance of
occupancy permits
City of Grand Terrace Planning
& Development Services

BIOLOGICAL RESOURCES
MM BIO-1: To avoid impacts to nesting migratory and/or special-status birds, the removal of any vegetation with the potential to support nesting migratory and/or special-status birds should be performed outside of the nesting season (February 1 through August 31, but potentially earlier if the site can support nesting raptors). If vegetation must be removed during the nesting season, then a qualified biologist should perform a nesting bird survey no more than three days prior to the removal of any vegetation. If active nests are identified at the site, then the nests should be avoided with an adequate buffer as determined by the biologist until the nests are no longer active and the young can survive independently from the nest.

Project Applicant;
Construction
Contractor
During construction
activities
City of Grand Terrace
Planning & Development
Services

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 5 The Gateway at Grand Terrace Specific Plan MM BIO-2: A qualified biologist shall conduct a take avoidance (preconstruction) survey of all suitable habitat areas for burrowing owl. The survey shall follow the 2012 CDFW Staff Report on Burrowing Owl Mitigation, which indicates that a survey should be performed 14 to 30 days prior to any disturbance activities, with a follow-up survey within 24 hours prior to the disturbance. If any burrowing owls are present at the time of the planned disturbance, then the burrowing owls will be passively excluded or passively relocated from the site to avoid direct harm to individual owls; however, exclusion/relocation of nesting owls must occur outside of the breeding season (February 1 to September 15) to avoid impacts to active nests. The exclusion/relocation of owls must be approved by CDFW. If applicable, a Burrowing Owl Exclusion/Relocation Plan should be prepared and submitted to CDFW for review and approval.

Qualified Biologist Prior to construction
activity
City of Grand Terrace
Planning & Development
Services; CDFW
MM BIO-3: If the Crotch bumble bee is no longer a candidate or listed species under the California Endangered Species Act, then this mitigation measure shall not be required.

The Project site was surveyed for Crotch bumble bees and found to have a low potential for Crotch bumble bees. No bees were observed on the Project Site. As such, the following measures shall be implemented to reduce potential impacts to this species:

Survey: To the extent feasible, construction activities (i.e., demolition, earthwork, clearing, and grubbing) shall occur outside of the Crotch’s bee flight season (February 1 through October 31). If construction activities must occur during the flight season, a qualified biologist shall conduct a survey for Crotch’s bumble bee queens, gynes, and colonies. The survey shall be conducted during optimal weather conditions (e.g., warm, sunny days between 65 and 90 degrees Fahrenheit and with wind conditions less than 8 miles per hour). If the survey is negative, no further assessment shall be required, and construction activities shall be allowed to proceed without any further requirements.

If Crotch bumble bee is detected during the survey, the following measures shall be implemented:
• CESA Compliance: Prior to issuance of a grading permit, it shall be demonstrated that CESA-required consultation with CDFW regarding the project’s effects to Crotch bumble bee has occurred. If take of Crotch bumble bee is expected, an incidental take permit (ITP) shall be obtained from CDFW. In addition, if an incidental take permit is Qualified Biologist;
Project Applicant
Prior to construction
activity;
Prior to issuance of
Grading Permits
City of Grand Terrace Planning
& Development Services;
CDFW

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 6 The Gateway at Grand Terrace Specific Plan issued for the project that covers Crotch bumble bee, that document shall supersede any inconsistent measures provided in this report. • Compensatory Mitigation: Compensatory mitigation for permanent direct impacts to suitable Crotch’s bumble bee habitat shall be offset through compensatory mitigation, which may include, but is not necessarily limited to, on-site or off-site habitat preservation, enhancement, restoration, and/or creation at a ratio of no less than 1:1. However, if an incidental take permit is issued for the project that covers Crotch’s bumble bee, that document(s) shall supersede any measures and mitigation ratios provided in this report.

MM BIO-4: In addition to obtaining permits from the USACE, RWQCB, and CDFW, the Project shall implement mitigation consisting of one or more of the following options (mitigation would be required at a minimum 1:1 ratio to offset impacts):
1) Avoidance and conservation of on-site waters;
2) Establishment and/or enhancement of wetlands/riparian habitat on-site; 3) Establishment and/or enhancement of wetlands/riparian habitat off-site; 4) Purchase of credits from an approved mitigation bank/in-lieu fee program.

Project Applicant Prior to and during
construction activity
City of Grand Terrace Planning
& Development Services

CULTURAL RESOURCES
MM CUL-1: Applications for future development facilitated by the Project, shall be required to comply with the following mitigation measure that established the framework for evaluating any buildings to be impacted that may be in excess of 50 years.

For any buildings/structures in excess of 50 years of age having its original structural integrity intact and not already fully evaluated in Appendices C2 through C5, the applicant shall retain a qualified professional historian to determine whether the affected building/structure is historically significant.

The evaluation of historic architectural resources shall be based on criteria such as age, location, context, association with an important person or event, uniqueness, or structural integrity, as indicated in State CEQA Guidelines §15064.5. A historical resource report shall be submitted by the applicant to the City for approval and shall include the methods usedto determine the presence or absence of historical resources, evaluate the significance of any historical resources identified, identify potential impacts from the proposed project, and propose measures to mitigate any impacts. The City shall require Project Applicant;
Qualified
Archaeologist/Histori
an
Prior issuance of
Demolition and
Building Permit(s)
City of Grand Terrace Planning
& Development Services

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 7 The Gateway at Grand Terrace Specific Plan implementation of appropriate measures based on the report to reduce impacts to less than significant, if possible. If not possible to reduce impacts to less than significant, additional CEQA review shall be required.

MM CUL-2: If unanticipated archaeological resources are exposed or encountered during construction of the Project, all ground disturbing activities within 50 feet of the potential resource(s) shall be suspended. A qualified archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards, shall evaluate the significance of the find and determine whether or not additional study is warranted based on significance under CEQA. The evaluation may require preparation of a treatment plan and archaeological testing for California Register of Historical Resources eligibility.

The treatment plan shall be reviewed and approved by the qualified archaeologist and submitted to the City for approval.

Project Applicant;
Construction
Contractor;
Qualified
Archaeologist
During construction
activity
City of Grand Terrace Planning
& Development Services

GEOLOGY AND SOILS
MM GEO-1: Construction Monitoring. No clearing and/or grading activities will be performed without the presence of a qualified geotechnical engineer.

Construction monitoring, including testing for on-site pavement design, would be performed during and after the site rough grading operations.

During and/or near the completion of site grading, additional expansion index testing would be conducted to characterize selected areas and to develop lotspecific recommendations for foundation design as related to the expansion potential of the graded site soils.

During construction, the qualified geotechnical engineer will perform additional observation and testing in correlation of the findings of the Cityapproved final geotechnical investigations, and if applicable, provide supplemental investigation, with the actual subsurface conditions exposed during construction.

Project Applicant;
Construction
Contractor
During construction
activity.

City of Grand Terrace Planning
& Development Services

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 8 The Gateway at Grand Terrace Specific Plan MM GEO-2: All earth moving operations reaching beyond the disturbed surface soils, generally below the depth of two feet, should be monitored for paleontological resources. The monitor should be prepared to quickly salvage fossil remains as they are unearthed to avoid construction delays and should also collect samples of sediments that are likely to contain fossils of small invertebrates and vertebrates. However, the monitor must have the power to temporarily halt or divert grading equipment to allow for removal of abundant or large specimens.

Collected samples of sediments should be processed to recover small invertebrate and vertebrate fossils, and the recovered specimens should be identified and prepared for curation at a repository with permanent retrievable storage.

A report of findings, including an itemized inventory of recovered specimens, should be prepared upon completion of the steps outlined above. Approval of the report by the City of Grand Terrace would signify the completion of the mitigation program.

After Project design has been finalized to determine the precise extent and location of planned ground disturbances, and prior to construction activity, a qualified paleontologist (to be retained by the Applicant) will prepare a paleontological resource monitoring plan (PRMP) for approval by the City.

Project Applicant During construction
activity when
excavations exceed
two feet below
grade.

City of Grand Terrace Planning
& Development Services

GREENHOUSE GAS EMISSIONS
MM GHG-1: Residential Renewable Energy Generation. Prior to issuance of residential building permits for each development phase, residential developments within the Project site shall be required to submit plans for the installation of solar photovoltaic (PV) panels or another source of renewable electricity generation on-site. The PV panels or alternative shall be installed prior to the issuance of Certificate of Occupancy (or the final Certificate of Occupancy within the development phase, if Virtual Net Metering is utilized).

Solar-ready zones shall comply with Section 110.10 of the 2022 California Energy Code and meet access, pathway, ventilation, and spacing requirements, and exclude skylight area.

Each residential building (or development phase, if VNEM is utilized) shall include an electrical system and other infrastructure sufficiently sized to accommodate the PV arrays. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. The schedule of photovoltaic system locations may be updated as needed.

Project Applicant Prior to issuance of
Building Permits.

City of Grand Terrace Planning
& Development Services

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 9 The Gateway at Grand Terrace Specific Plan MM GHG-2: Building Energy Efficiency. Prior to the issuance of building permits, future development within the Project shall be designed to exceed 2022 Title 24 energy efficiency standards by a minimum of 15 percent through any of the following methods: o achieving Leadership in Energy and Environmental Design (LEED) standards or meeting or exceeding CALGreen Tier 2 standards in effect at the time. Alternatively, the Project design shall include on-site renewable energy for future commercial development, for example the incorporation of solar panels into future Project commercial development, such that 15 percent of the on-site energy consumption is offset.

Project Applicant Prior to issuance of
Building Permits
City of Grand Terrace Planning
& Development Services
MM GHG-3: Energy Efficient Appliances. For residential projects, all major appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, water heaters, and equipment for space heating) provided/ installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star certified or of equivalent energy efficiency where applicable. Prior to the issuance of the certificate of occupancy, the City of Grand Terrace shall verify implementation of this requirement.

Project Applicant Prior to issuance of
Certificate of
Occupancy
City of Grand Terrace Planning
& Development Services
MM GHG-4: Solid Waste Diversion. Each future development within the Project shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with City standards for recyclable collection and loading areas.

Project Applicant During construction;
Prior to issuance of
Certificate of
Occupancy
City of Grand Terrace Planning
& Development Services
MM GHG-5: Greenhouse Gas Reduction
Prior to issuance of each certificate of occupancy within each commercial project or residential project within the Grand Terrace Project, the City shall confirm that the commercial project or residential project has participated in the reduction of the overall GHG emissions from the Grand Terrace Project (which are 12,076 MTCO2E/yr of commercial emissions and 6,391 MTCO2E/yr of residential emissions) through a combination of the following mechanisms:
• For the commercial portion of the Project, the purchase of a total of $325,629 in GHG offset credits (based on an estimated cost of $0.97 per square foot), or an equivalent amount has been spent on either on-site solar panels (mounted on rooftop or parking lot), or on-site EV chargers (internal or external to buildings), or electrification or clean fuel usage of any vehicle fleets domiciled at the site, or electrification or clean fuel usage of onsite handling equipment (forklifts, etc.).

Project Applicant Prior to issuance of
Certificate of
Occupancy
City of Grand Terrace Planning
& Development Services

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 10 The Gateway at Grand Terrace Specific Plan • For the residential portion of the Project, the purchase of a total of $172,917 in GHG offset credits (based on an estimated cost of $248.80/development unit), or an equivalent amount has been spent to install a garage-mounted NEMA (National Electrical Manufacturers Association) 14-50 outlet per unit; on-site EV chargers in external parking areas; install parking lot solar; incorporate load centers/smart panels and/or energy recovery ventilators; install bidirectional chargers compatible with V2H/V2B (vehicle-to-home/vehicle-to-building); upgrade insulation, windows, and/or heat pump efficiency beyond Title-24 minimums, qualify as ENERGY STAR Home Program or Department of Energy (DOE) Zero Energy Ready Home Program; and/or any similar measure the City determines generates equivalent greenhouse gas mitigation

HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-1: Applicable to future development projects within the Project site, if signs of soil contamination, including staining or odor are encountered during ground-disturbance activities, construction shall halt, and the projectspecific applicant/contractor is required to prepare a Phase II ESA to evaluate the potential environmental concern. If test results show RECs, HRECs, and/or CRECs, then remediation would be required to clean and detoxify the site subject to approval of regulatory oversight by the County, DTSC or RWQCB, prior to continuing ground-disturbing activities.

Project Applicant During construction
activity
City of Grand Terrace Planning
& Development Services
MM HAZ-2: Prior to issuance of a demolition permit of the on-site structures, preparation of a demolition plan for the safe dismantling and removal of building components and debris including a plan for lead and asbestos abatement shall be required. The demolition plan shall be submitted to the City’s (Building and Safety Department) for review and approval prior to commencement of demolition activities.

Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and California Division of Occupational Safety and Health (Cal/OSHA) certified building inspector to determine the presence or absence of asbestos-containing materials (ACMs).

If ACMs are located, abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard.

Project Applicant;
Construction
Contractor
Prior to issuance of
Demolition Permit
City of Grand Terrace Planning
& Development Services

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 11 The Gateway at Grand Terrace Specific Plan Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the South Coast Air Quality Management District (SCAQMD) Rule 1403.

MM HAZ-3: If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material by a qualified Environmental Professional. If lead-based paint is found, abatement shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the Building Official.

Project Applicant;
Qualified
Environmental
Professional
During construction
activity
City of Grand Terrace Planning
& Development Services
MM HAZ-4: If old cesspools and/or septic systems are encountered during the future development of the Project Site identified in the Phase I ESA included as DEIR Appendix G3 the landowner/developer shall provide for the removal and disposal of septic tank(s) in accordance with applicable federal, state, and local regulations.

Project Applicant During construction
activity
City of Grand Terrace Planning
& Development Services
MM HAZ-5: Applicable to future development projects, prior to development of an area not documented in the Phase I ESAs included as DEIR Appendices G1 through G3, project applicants shall be required to conduct a site-specific Phase I ESA to determine if any potential for significant impact exists. If the Phase I ESA identifies new environmental concerns on-site, a Phase II ESA shall be conducted. If the Phase II ESA identifies that remediation is necessary, such remediation shall occur in consultation with the appropriate regulatory agency (e.g., CUPA) prior to any site disturbing activities.

Project Applicant Prior to construction
start
City of Grand Terrace Planning
& Development Services
NOISE

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 12 The Gateway at Grand Terrace Specific Plan MM NOI-1: On-Site Noise Attenuation. As part of the Site Development Review Permit process for the proposed residential developments, a detailed acoustical study based on architectural plans shall be prepared by a qualified acoustical consultant and submitted to the City of Grand Terrace Community Development Department to demonstrate that all residential units would meet the City’s 60 dBA exterior noise standard for all common outdoor living areas. In addition, the acoustical study shall demonstrate that interior noise levels at all residential units at the Project site would meet the City’s 45 dBA threshold. This mitigation measure complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations).

The necessary noise reduction may be achieved by implementing noise control measures at the receiver locations. Where closed windows are required to achieve the interior 45 dBA CNEL limit, Project plans and specifications shall include ventilation as required by the California Building Code. The final grading and building plans shall incorporate the required noise barriers (patio enclosure, wall, berm, or combination wall/berm), and the property owner/developer shall install these barriers and enclosures.

Project Applicant Prior to issuance of
Grading Permits
City of Grand Terrace Planning
& Development Services
MM NOI-2: Stationary Noise Sources. Prior to issuance of building permits, a Noise Assessment shall be prepared, for submittal and approval of the City of Grand Terrace City Planner, which demonstrates on-site placement of stationary noise sources at commercial uses would not exceed noise standards established in the City of Grand Terrace General Plan and City of Grand Terrace Municipal Code Chapter 8.108, Noise. The Noise Assessment shall verify that stationary noise sources (e.g., loading dock facilities, mechanical equipment, and parking lots) are adequately shielded and/or located at an adequate distance from on-site and off-site sensitive receptors and residences in order to comply with noise regulations established by the City of Grand Terrace.

Project Applicant Prior to issuance of
Building Permits
City of Grand Terrace Planning
& Development Services
MM NOI-3 Construction Vibration. Future development projects with construction activities requiring operation of vibratory rollers within 26 feet of a structure shall be required to prepare a project-specific vibration impact analysis to evaluate potential construction vibration impacts associated with the project, and to determine any specific vibration control mechanisms that shall be incorporated into the project’s construction bid documents to reduce such impacts. Contract specifications shall be included in construction documents, which shall be reviewed and approved by the City Engineer prior to issuance of a grading permit.

Project Applicant;
Construction
Contractor
Prior to issuance of
Grading Permits
City of Grand Terrace Planning
& Development Services

TRANSPORTATION

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 13 The Gateway at Grand Terrace Specific Plan MM TRA-1: Upon the City’s acquisition of the area on Van Buren Street necessary to connect the project’s sidewalk to the remainder of Van Buren Street, the applicant will pay its fair share of the cost of construction of that portion of the sidewalk.

Project Applicant Prior to acquisition
on Van Buren Street
City of Grand Terrace Planning
& Development Services

TRIBAL CULTURAL RESOURCES
MM TCR-1: Discovery of Tribal Cultural Resources. In the event that Native American cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) the Augustine Band of Cahuilla Indians tribe will be notified and work shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the other portions of the project outside of the buffered area may continue during this assessment period. Additionally, San Manuel Band of Mission Indians will be contacted if any such find occurs and be provided information and permitted/invited to perform a site visit when the archaeologist makes his/her assessment, so as to provide Tribal input. The archaeologist shall complete an isolate record for the find and submit this document to the applicant and Lead Agency for dissemination to the San Manuel Band of Mission Indians.

Project Applicant;
Qualified
Archaeologist
During construction
activity in the event
that Native American
cultural resources
are discovered
City of Grand Terrace Planning
& Development Services
MM TCR-2: Treatment and Disposition of TCRs. If significant Native American historical resources are discovered and avoidance cannot be ensured, an SOIqualified archaeologist shall be retained to develop an cultural resources Treatment Plan, as well as a Discovery and Monitoring Plan, the drafts of which shall be provided to San Manuel Band of Mission Indians for review and comment.

All in-field investigations, assessments, and/or data recovery enacted pursuant to the finalized Treatment Plan shall be monitored by a San Manuel Band of Mission Indians Tribal Participant(s).

The Lead Agency and/or applicant shall, in good faith, consult with San Manuel Band of Mission Indians on the disposition and treatment of any artifacts or other cultural materials encountered during the project. After the notification of discovery to the San Manuel Band of Mission Indians and assessments/evaluations have occurred, the following treatment/disposition of the TCRs shall occur:

Preservation-In-Place of the TCRs, if feasible as determined through coordination between the project archeologist, Master Developer or Site Developers, as applicable, and San Manuel Band of Mission Indians, is the Project Applicant;
Qualified
Archaeologist
During construction
activity if significant
Native American
historical resources
are discovered.

City of Grand Terrace Planning
& Development Services

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 14 The Gateway at Grand Terrace Specific Plan preferred method of treatment. Preservation in place means avoiding the resources, leaving them in the place where they were found with no development affecting the integrity of the resources in perpetuity.

Should Preservation-In-Place not be feasible, the landowner shall accommodate the process for on-site reburial of the discovered items with the San Manuel Band of Mission Indians. This shall include measures and provisions to protect the future reburial area from any future impacts. During the course of construction, all recovered resources shall be temporarily curated in a secure location on site. The removal of any artifacts from the project site shall require the approval of the San Manuel Band of Mission Indians and all resources subject to such removal must be thoroughly inventoried with a tribal representative from San Manuel Band of Mission Indians to oversee the process. Reburial shall not occur until all cataloguing and basic recordation have been completed.

If Preservation-In-Place and reburial are not feasible, the landowner(s) shall relinquish ownership of all TCRs and a curation agreement with an appropriate qualified repository within San Bernardino County that meets federal standards per 36 CFR Part 79 shall be established. The collections and associated records shall be transferred, including title, to said curation facility by the landowner, and accompanied by payment of the fees necessary for permanent curation.

Any historic archaeological material that is not Native American in origin (nonTCRs) shall be curated at a public, non-profit institution with a research interest in the materials within the County of the discovery, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.

If discoveries were made during the project, a Monitoring Report shall be submitted to the County by the Archaeologist at the completion of grading, excavation, and ground-disturbing activities on the site. Said report will document monitoring and archaeological efforts conducted by the archaeologist and San Manuel Band of Mission Indians within 60 days of completion of grading. This report shall document the impacts to the known resources on the property, describe how each mitigation measure was fulfilled, document the type of cultural resources recovered, and outline the treatment and disposition of such resources. All reports produced will be

EXHIBIT A: Mitigation Monitoring and Reporting Program (Revised, April 2025. Additions are indicated by underlined red text.) Final Environmental Impact Report 15 The Gateway at Grand Terrace Specific Plan submitted to the County of San Bernardino, appropriate Information Center, and San Manuel Band of Mission Indians.

MM TCR-3: Procedures for Burials and Funerary Remains. In accordance with California Health and Safety Code §7050.5, if human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted within 24 hours of the discovery.

The project lead/foreman shall designate an Environmentally Sensitive Area (ESA) physical demarcation/barrier 100 feet around the resource and no further excavation or disturbance of the site shall occur while the County Coroner makes his/her assessment regarding the nature of the remains. If the remains are determined to be Native American, the coroner shall notify the Native American Heritage Commission (NAHC) in Sacramento within 24 hours.

In accordance with Public Resources Code §5097.98, the NAHC must immediately notify those persons it believes to be the most likely descendant (MLD) from the deceased Native American. The MLD shall complete their inspection within 48 hours of being granted access to the site. The designated Native American representative will then determine, in consultation with the property owner, the disposition of the human remains.

Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Public Resources Code §5097.98 (a) and (b).

The MLD in consultation with the landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances.The
applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties. It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The coroner, parties, and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code §6254 (r).

Project Applicant;
Construction
Contractor
During construction
activity if human
remains or funerary
objects are
encountered.

City of Grand Terrace Planning
& Development Services

Attachment 5
(Addendum to the FEIR)

THE GATEWAY AT GRAND

TERRACE SPECIFIC PLAN PROJECT
(DRAFT) Addendum to
the Final Environmental Impact
State Clearinghouse No. 202102011
April 2025
Lead Agency:

City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Scott Hutter
(909) 954-5177

Introduction
This document is an Addendum to the Gateway at Grand Terrace Specific Plan Final Environmental Impact Report (“Final EIR”) (State Clearinghouse No. 202102011), which was certified by the City of Grand Terrace in August 2024. The Gateway at Grand Terrace Final EIR, comprised of the Draft EIR and the certified Final EIR (herein collectively referred to as the 2024 EIR), was prepared to address potential impacts for the development of the Gateway Specific Plan. The 2024 EIR found that while the Gateway at Grand Terrace Specific Plan Project (“Specific Plan” or “Project”) could have significant environmental effects on biological resources, cultural resources, geology and soils, hazard and hazardous materials, transportation, and tribal cultural resources, these impacts would be reduced to below a level of significance with the implementation of mitigation measures identified in the Final EIR. The Project could also have significant environmental and unavoidable impacts on air quality and greenhouse gas emissions that cannot be reduced to below a level of significance with the implementation of mitigation measures identified in the approved Final EIR. As a result, this Addendum proposes an additional mitigation measure, MM GHG-5, to reduce greenhouse gas emissions further.

In accordance with the California Environmental Quality Act (CEQA), this Addendum analyzes the proposed MM GHG-5 to be added to the FEIR and demonstrates that all of the potential environmental impacts associated with the proposed MM GHG-5 would reduce the greenhouse gas emissions and not affect any other potential environmental impacts already evaluated in the Final EIR.

To comply with CEQA (Public Resources Code Sections 21000 et seq.) and State CEQA Guidelines (California Code of Regulations Sections 15000 et seq., hereinafter referred to as the State CEQA Guidelines), this Addendum to the certified 2024 EIR has been prepared to address the addition of MM GHG-5.

Legal Authority for the Addendum
According to State CEQA Guidelines Section 15164(a), the lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (State CEQA Guidelines, § 15164, subd. (a); see also Pub. Resources Code, § 21166.) Section 15162 of the State CEQA Guidelines lists the conditions that would require the preparation of a subsequent EIR rather than an addendum. These include the following:

(a) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(i) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(ii) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(iii) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(iv) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Where a lead agency determines that neither substantial changes in the Project, changed circumstances, nor new information triggers the need for an EIR, “the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.” (State CEQA Guidelines, § 15162, subd. (b); see also State CEQA Guidelines § 15164, subd. (b)).

The City of Grand Terrace Planning Division (“City”) evaluated the environmental conditions associated with the new MM GHG-5, in light of the requirements defined under CEQA and the State CEQA Guidelines. The City, acting as Lead Agency, has determined that none of the above conditions apply. An Addendum to the certified 2024 EIR is the appropriate environmental documentation for including the additional mitigation measure.

Overview of the Approved Project:

Project Location and Existing Conditions
The approved Project site is located in the southwest portion of the City and bounded by Commerce Way and an existing commercial parking lot to the north; the northern portion of Grand Terrace High School to the south; commercial and residential uses to the east; and I215 to the west. The southern boundary of the Project is also in close proximity and approximately 0.27 miles north of Main Street.

The Project site’s geography is relatively flat elevation, ranging from approximately 975 feet on the northeastern end of the site to approximately 945 feet on the southwestern corner.

The Project site consists predominately of vacant land, storage commercial uses, and six non-conforming residences. A concrete-lined storm channel carries runoff from a storm drain at the western end of De Berry Street, southwest beneath the Gage Canal, and into the westward-flowing drainage way that crosses the Project area from the west of the end of Van Buren Street. This drainageway drains beneath I-215 in a concrete-lined channel, continues to the southwest beneath La Cadena Drive, and flows into a debris basin approximately 0.8 miles off-site. There is a decommissioned Union Pacific Railroad (UPR) line that traverses the Project site in a north/south direction that has been acquired by the City and would be used as part of the extension of Commerce Way from its existing terminus point south to the existing Taylor Street, and subsequent widening of the existing Taylor Street portion all the way south to its connection at Main Street.

Project Characteristics
The approved Specific Plan serves as the regulatory mechanism to guide all future development proposals within the approximately 112-acre Project site. The approved Project consists of 22 Planning Areas (PAs) that encompass the future development of residential, commercial, public utilities, and public park and open space uses, including associated on- and off-site infrastructure improvements.

Scope of the Addendum
The proposal requires an Addendum to the Final EIR and MMRP, previously certified by the Grand Terrace City Council in August 2024, to add the following greenhouse gas mitigation measure to the Final EIR and MMRP:

MM GHG-5 Prior to issuance of each certificate of occupancy within each commercial project or residential project within the Grand Terrace Project, the City shall confirm that the commercial project or residential project has participated in the reduction of the overall GHG emissions from the Grand Terrace Project

(which are 12,076 MTCO2E/yr of commercial emissions and 6,391 MTCO2E/yr of residential emissions) through a combination of the following mechanisms:
• For the commercial portion of the Project, the purchase of a total of $325,629 in GHG offset credits (based on an estimated cost of $0.97 per square foot), or an equivalent amount has been spent on either on-site solar panels (mounted on rooftop or parking lot), or on-site EV chargers (internal or external to buildings), or electrification or clean fuel usage of any vehicle fleets domiciled at the site, or electrification or clean fuel usage of onsite handling equipment (forklifts, etc.).
• For the residential portion of the Project, the purchase of a total of $172,917 in GHG offset credits (based on an estimated cost of $248.80/development unit), or an equivalent amount has been spent to install a garage-mounted NEMA (National Electrical Manufacturers Association) 14-50 outlet per unit; on-site EV chargers in external parking areas; install parking lot solar; incorporate load centers/smart panels and/or energy recovery ventilators; install bidirectional chargers compatible with V2H/V2B (vehicle-to-home/vehicle-to-building); upgrade insulation, windows, and/or heat pump efficiency beyond Title-24 minimums, qualify as ENERGY STAR Home Program or Department of Energy (DOE) Zero Energy Ready Home Program; and/or any similar measure the City determines generates equivalent greenhouse gas mitigation
While Section 4.7 Greenhouse Gas Emissions of the Final EIR evaluates the potential shortand long-term greenhouse gas (GHG) emissions impacts resulting from the approved Project and recommends mitigation measures MMs GHG-1 through GHG-4, implementation of these measures would reduce GHG emissions, but not enough to be below a level of significance. The implementation of the proposed MM GHG-5 will contribute additional reduction of GHG emissions.

The addition of MM GHG-5 will reduce GHG impacts and not cause any other impact. MM GHG-5 calls for either the payment of GHG reduction credits or the addition of GHGreducing features to the project, such as solar roofs and electric vehicle chargers or clean fleet vehicles. All of these features would be located on either rooftops or parking lots or are vehicles that have already been analyzed in the FEIR. As such, none of the features added by the mitigation measure would change the analysis of environmental impacts considered in the FEIR, including impacts to aesthetics, air quality, biological resources, cultural

resources, geology, hazards, hydrology/water quality, land use, noise, population/housing, public services, or utilities.

The FEIR found the project’s GHG impacts to be significant and unavoidable, and the City made a statement of overriding considerations to accept this impact. With MM GHG-5, the GHG impact would be further reduced and less than significant.

Environmental Conclusion
Pursuant to CEQA Guidelines section 15162(a)(2), implementation of MM GHG-5 will not result in substantial changes which will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The implementation of the proposed MM GHG-5 would reduce the GHG emissions from the approved Project and, therefore, lessen the level of significant impacts. As such, the City reviewed the proposed MM GHG-5 and determined it to be consistent with what was previously analyzed and adopted in the Final EIR.

The adoption of the proposed MM GHG-5 would reduce the GHG emission level and not result in a new significant impact previously identified in the FEIR. No substantial changes in circumstances under which the implementation of MM GHG-5 is being undertaken or new information of substantial importance, which was not known and could not have been known with the exercise of reasonable due diligence at the time the Final EIR was certified as complete have been identified during the preparation of this Addendum.

Attachment: Exhibit A: (Revised) Mitigation, Monitoring, and Reporting Program (MMRP) for the Final EIR for the Gateway at Grand Terrace Specific Plan

AGENDA REPORT
MEETING DATE: April 8, 2025
TITLE: Opposition to AQMD Rule 1111 and Rule 1121
PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: That the City Council approve the opposition to AQMD Rule 1111 and Rule 1121.
2030 VISION STATEMENT:

This staff report supports Goal #3, promote economic development This staff report supports Goal #5, engage in proactive communication BACKGROUND:

The South Coast Air Quality Management District (SCAQMD) has proposed amendments to Rule 1111 and Rule 1121 to reduce nitrogen oxide (NOx) emissions from natural gasfired furnaces and water heaters in the region. While these rules aim to improve air quality by addressing emissions from commonly used household appliances, they have raised significant concerns regarding the economic and logistical impact on local residents and businesses.

DISCUSSION:

Pursuant to the City’s police power authority set forth in Cal. Const. Art. XI, Section 7, the City Council is authorized to make and enforce all rules and regulations to protect the public’s health, safety, and welfare within the City of Grand Terrace. This includes advocating for regulations that consider the local context, and when necessary, opposing or requesting amendments to regional or state rules that may harm the community.

In this case, SCAMD’s proposed amendments to Rule 1111 and Rule 1121 are designed to reduce nitrogen oxide (NOx) emissions from natural gas-fired furnaces and water heaters, respectively, as part of the regions efforts to improve air quality. However, while the City acknowledges the importance of reducing NOx emissions for environmental and public health reasons, the proposed rules could create significant challenges for Grand Terrace’s residents and businesses.

Rule 1111 applies to natural gas furnaces used for heating in homes and businesses.

The proposed amendment would require furnaces to produce lower levels of NOx emissions than current models. Presumably, furnaces that meet the newer and stricter standards are not as cost effective as the current models because of the stark technological differences.

Rule 1121 affects natural gas water heaters, which are used for heating water in homes and business. Similar to furnaces, the proposed rule would require lower NOx emissions from these water heaters.

The implementation of these rules may lead to unintended consequences, including higher energy costs and delays in manufacturing of compliant appliances, leading to a shortage of available models
Based on the analysis, the major changes and effects of proposed amendments to Rules 1111 and 1121 are:
• Stricter NOx Emission Limits: Proposed Amendments would impose more stringent NOx emission limits for natural gas furnaces, requiring manufacturers to produce units with lower emissions.
o Limits would also apply to residential uses of NOx such as natural gas or water heaters, which are commonly used in homes.
• Compliance Deadlines: Manufacturers would be required to comply with tighter standards by a set deadline, limiting flexibility in the manufacturing process.

Based on this information, it is recommended that the City Council direct City staff to:
• Request a delayed implementation timeline for the new NOx emission standards to allow more time for residents and business to become informed on the impact proposed amendments would have.

ENVIRONMENTAL IMPACT
To be determined.

FISCAL IMPACT:

To be determined. There is no direct fiscal impact to the City of Grand Terrace from adopting this resolution. However, if the rules are adopted as currently proposed, there may be indirect impacts related to increased costs for residents and businesses, which could affect the local economy.

ATTACHMENTS:

Resolution No. 2025 - xx

RESOLUTION NO. 2025-xx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND

TERRACE, CALIFORNIA, EXPRESSING OPPOSITION TO PROPOSED
AMENDED AQMD RULES 1111 AND 1121 ELIMINATING THE USE OF

NATURAL GAS
WHEREAS, the South Coast Air Quality Management District (SCAQMD) has proposed new amendments to Rule 1111 – Reduction of NOx Emissions from NaturalGas-Fired, Fan-Type Central Furnaces and Rule 1121 – Control of Nitrogen Oxides from Residential Type, Natural Gas-Fired Water Heaters; and WHEREAS, while the City of Grand Terrace recognizes the importance of improving air quality and reducing emissions to protect public health and the environment, the City Council has concerns regarding the significant economic and practical impacts these proposed rules may have on local businesses, homeowners, and residents; and
WHEREAS, the City of Grand Terrace is concerned that the implementation of these rules may lead to unintended consequences, including higher energy costs and delays in manufacturing of compliant appliances, leading to a shortage of available models; and
WHEREAS, the City Council believes that further collaboration and analysis are necessary to balance the goals of reducing emissions with the practical concerns of the community, including considering alternative measures, timelines, and exceptions for businesses and homeowners facing unique challenges.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council of the City of Grand Terrace hereby opposes the proposed amendments to SCAQMD Rule 1111 and Rule 1121 as currently drafted.

SECTION 2. The City Council of the City of Grand Terrace hereby urges the SCAQMD to delay implementation of the propose amendments to SCAQMD Rules 1111 and 1121, in order to engage in additional discussions with local governments, businesses, and residents to find solutions that will achieve air quality improvements while minimizing economic and practical hardships.

SECTION 3. The City Council of the City of Grand Terrace requests that the SCAQMD reconsider the proposed rules and delay implementation in order to explore alternative approaches that can reduce emissions in a more balanced, equitable, and sustainable manner for all.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California at a regular meeting held on the 8th day of April 2025. ___________________________
Bill Hussey
Mayor
ATTEST:

Daysi Alcocer
City Clerk
APPROVED AS TO FORM:

Adrian R. Guerra
City Attorney

AGENDA REPORT
MEETING DATE: April 8, 2025
TITLE: Mayor Authority to Sign Letters of Support - Private Entities PRESENTED BY: Konrad Bolowich, City Manager
RECOMMENDATION: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING SECTION 3.6 OF

CHAPTER III OF THE CITY OF GRAND TERRACE COUNCIL

PROCEDURES SUCH THAT THE MAYOR MAY SIGN LETTERS IN
SUPPORT OF PRIVATE BUSINESS ENTITIES’ POSITIONS ON

LEGISLATION PENDING BEFORE THE STATE LEGISLATURE OR THE VOTERS
2030 VISION STATEMENT:

This staff report supports Goal Number 3: Developing and Implementing Successful Partnerships BACKGROUND:

The Mayor is authorized to respond to requests for support from government agencies such as the League of California Cities, the California Joint Powers Insurance Authority relating to the respective organizations’ position on legislation before the State legislature or the voters by signing a letter in support of the respective organizations’ position on such legislation, on behalf of the City Council, without a formal vote of the City Council. Prior to signing the aforementioned letter of support, the request for support from government agencies shall be distributed to all members of the City Council.

Unless the Mayor or City Manager receives a request from a Council member to place the request for support on a council agenda within seventy-two hours of the aforementioned documents being sent, the Mayor may sign the requested letter of support and cause it to be returned to government agencies.

DISCUSSION:

Private business entities are various business organizations or groups that are not governmentaffiliated and are privately owned, either by an individual or group; and from time to time, private business entities send requests to the city in support of its position on certain legislation that is before the State Legislature or before the voters.

On August 10, 2006, the City Council adopted the City of Grand Terrace Council Procedures, which the Council revised on September 27, 2022, to set forth rules of procedure for the conduct of the business of the City Council.

The action before the Council today is to approve the Resolution as attached so that it is consistent with Government Code Section 36936 and, further, so that the Mayor may sign letters of support from these private businesses on behalf of the City Council, without the necessity of calendaring the letters on a City Council Agenda for a formal vote.

This process will allow the City a method to quickly respond to private entities by granting the Mayor the authority to sign letters of support. However, staff is aware that some legislation and propositions may warrant Council debate before a letter of support is granted. Therefore, every request for support received from private entities will be forwarded to all members of the City Council. A member of the Council has seventy-two hours to request the item be placed on the next City Council agenda. If the request is made, the request for support position will be placed on the next City Council agenda.

ENVIRONMENTAL IMPACT:

None.

FISCAL IMPACT:

None.

RESOLUTION NO. 2025-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA AMENDING SECTION 3.6 OF CHAPTER III

OF THE CITY OF GRAND TERRACE COUNCIL PROCEDURES SUCH

THAT THE MAYOR MAY SIGN LETTERS IN SUPPORT OF PRIVATE
BUSINESS ENTITIES’ POSITIONS ON LEGISLATION PENDING

BEFORE THE STATE LEGISLATURE OR THE VOTERS
WHEREAS, private business entities are various business organizations or groups that are not government affiliated and are privately owned, either by an individual or group; and,
WHEREAS, from time to time private business entities send requests to the city for support of its position on certain legislation that is before the State Legislature or before the voters; and,
WHEREAS, the City Council wishes to provide a method for a quick response to the aforementioned request for support from these private business entities by authorizing the Mayor to sign letters of support, on behalf of the City Council, without the necessity of calendaring the letters on a City Council Agenda for a formal vote; and, WHEREAS, the City Council on August 10, 2006, adopted the City of Grand Terrace Council Procedures, which the Council revised on September 27, 2022, to set forth rules of procedure for the conduct the business of the City Council.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Section 3.6 of Chapter III of the City of Grand Terrace Council Procedures is hereby amended as follows:

3.6 AUTHORITY TO SIGN LETTERS OF SUPPORT – The Mayor is authorized to respond to requests for support from the League of California Cities, the California Joint Powers Insurance Authority, and various private business entities relating to the respective organizations’ position on legislation before the State legislature or the voters by signing a letter in support of the respective organizations’ position on such legislation, on behalf of the City Council, without a formal vote of the City Council. Prior to signing the aforementioned letter of support, the request for support from League of California Cities, the California Joint Powers Insurance Authority, and/or private business entities shall be distributed to all members of the City Council. Unless the Mayor or City Manager receives a request from a Council member to place the request for support on a council agenda within seventy-two hours of the aforementioned

documents being sent, the Mayor may sign the requested letter of support and cause it to be returned to the League of California Cities, the California Joint Powers Insurance Authority, and/or various private business entities.

SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect immediately and be in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 8th day of April 2025. ___________________________
Bill Hussey
Mayor
ATTEST:

Daysi Alcocer
City Clerk
APPROVED AS TO FORM:

Adrian R. Guerra
City Attorney

AGENDA REPORT
MEETING DATE: April 8, 2025
TO: CITY COUNCIL
FROM: Scott Hutter, Planning & Development Services Director

CONTINUED PUBLIC HEARING
AGENDA TITLE: Zoning Code Amendment (ZCA) 24-04: Introduction and First Reading of an Ordinance Amending the Grand Terrace
Municipal Code Chapter 5.06 (Home Occupation Permits);
Chapter 5.40 (Garage Sales); Chapter 5.42 (Integrated Waste Management); Chapter 5.48 (Massage Parlors and Massage
Technicians); Chapter 8.108 (Noise); Chapter 8.112
(Fireworks); Chapter 9.05 (Vending on City Sidewalks);
Chapter 10.16 (Storage of Vehicles – Intersection Obstruction); Chapter 12.32 (Conduct on Public Property – Parks); Chapter

12.56 (Wireless Telecommunications Facilities in the Public Right-Of-Way); Chapter 15.56 (Water Efficient Landscape); Chapter 18.10 (Residential Districts); Chapter 18.53 (AG Agricultural Overlay District); Chapter 18.56 (AG-2 Agricultural 2 Overlay District); Chapter 18.64 (Objective Design
Standards); Chapter 18.80 (Signs); and Chapter 18.82
(Standards for Specified Land Uses and Activities), and a Determination That ZCA 24-04 is Exempt From CEQA Pursuant to CEQA Guidelines Section §15061(b)(3) – Common Sense
Exemption.)
RECOMMENDATION:

It is recommended that the City Council take the following actions:
1) Reopen and conduct a public hearing; and
2) Introduce an Ordinance approving Zoning Code Amendment (ZCA) 24-04 to amend the Grand Terrace Municipal Code Chapter 5.06 (Home Occupation Permits); Chapter 5.40 (Garage Sales); Chapter 5.42 (Integrated Waste Management); Chapter 5.48 (Massage Parlors and Massage Technicians); Chapter 8.108 (Noise); Chapter 8.112 (Fireworks); Chapter 9.05 (Vending on City Sidewalks); Chapter 10.16 (Storage of Vehicles – Intersection Obstruction); Chapter 12.32 (Conduct on Public Property – Parks); Chapter

12.56 (Wireless Telecommunications Facilities in the Public Right-Of-Way); Chapter

15.56 (Water Efficient Landscape); Chapter 18.10 (Residential Districts); Chapter 18.53 (AG Agricultural Overlay District); Chapter 18.56 (AG-2 Agricultural 2 Overlay District); Chapter 18.64 (Objective Design Standards); Chapter 18.80 (Signs); and Chapter 18.82 (Standards for Specified Land Uses and Activities); and determine that ZCA 24-04 environmentally exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.

2030 VISION STATEMENT:

This project supports Goal 3 to promote economic development by preparing for future development by updating the zoning and municipal codes to ensure land use and operation standards are current per the Land Use Element Implementation Plan Goals 2.1 and 2.3 and Policies 2.1.4 and 2.3.5.

SUMMARY:

The City of Grand Terrace proposes an Ordinance to approve Zoning Code Amendment (ZCA) 24-04 (Attachment 1) to bring specific updates to various chapters in the Municipal Code to the Planning Commission and City Council to streamline the Municipal Code and ensure internal consistency. Updates to the code include streamlining Home Occupation Permit Process, updating hours of various activities from garage sales to fireworks, and most notably incorporating noise standards applicable to residential and nonresidential land uses.

BACKGROUND:

At the July 23, 2024, City Council Meeting of the City Council directed City staff to review the Municipal Code to ensure that business hours are internally consistent with the hours allotted for noise in the Municipal Code. At the time it was clear that the exercise would encompass a wide range of Municipal Code Chapters and Sections. City staff reviewed the Municipal Code to identify sections pertaining to noise that are to be amended along with identifying other outdated or unnecessary provisions.

On November 21, 2024, and February 27, 2025, the Planning Commission / Site Architectural Review Board conducted a Public Hearing on ZCA24-04 at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313. The Planning Commission concluded the hearing on February 27, 2025, with adoption of Planning Commission Resolution subject inclusion of Planning Commission / Site Architectural Review Board recommendations.

Planning Commission Recommendations from November 21, 2024, Public Hearing date are:
• Revise Chapter 5.40 GARAGE SALES to start at 7:00a.m. and to end at sunset and to use “sunset” uniformly throughout ZCA 24-04 in place of dusk. • (Chapter 5.40 was revised accordingly to fix the language). • Revise Chapter 5.42 INTEGRATED WASTE MANAGEMENT to use “or their designee” uniformly throughout ZCA 24-04.
• (Chapter 5.42 was revised accordingly to fix the language). • Revise Chapter 8.108 NOISE to incorporate standards that address commercial and residential areas and ensure automotive repair ends at sunset. • (Chapter 8.108 was revised accordingly with inspiration drawn from neighboring City Loma Linda’s noise standards).

• Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to require “sidewalk vending security camera” for all sidewalk vendors.
• (Chapter 9.05 was revised accordingly to include camera requirement). • Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to address residential versus agricultural overhead irrigation and to check with the water purveyor. • (Chapter 5.40 was revised accordingly to address agricultural overhead watering with a Conditional Use Permit).

Planning Commission Recommendations from February 27, 2025, Public Hearing date are:
• Revise Chapter 8.108 NOISE to add a new section under 8.108.030 EXEMPTIONS to address railroad and locomotive noise. The new section will exempt sounds and noise generated by railroad operations, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations. • Revise Chapter 8.108 NOISE to add the phrase "approved by the City" to Section

8.108.030 F for clarity.
• Revise Chapter 8.108 NOISE to eliminate Section 8.108.040 (C) and create a new section under 8.108.050 titled "Construction Activities.”
• Revise Chapter 8.108 NOISE to specify the end of maintenance of real property at sunset and to consistently use the term "sunset" throughout ZCA 24-04, replacing "dusk." • Revise Chapter 8.108.050 PROHIBITED NOISE E. Jaime Needs to give us guidance on the language about legal recommendations about regulating locomotives. • Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.070, Mixed-use development, to include the following language: “, when the noise exceeds the standards established by the performance standards."
• Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.080, Infill single-family residential development, to include the following language: “, when the noise exceeds the standards established by the performance standards."
• Revise Chapter 8.108 NOISE to remove the quotation under Section 8.108.110. • Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to add the term "persons" to the locations where a surveillance camera can be installed in Section 9.05.010, Definitions. • Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to replace “if applicable” with “if selling of food” to Section 9.05.020 Selling food or merchandise—Operational requirements.

• Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to include the requirement that "the vendor must be able to provide video upon request by City Officials and must have at least one week's worth of video storage."
• Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to add the word "regularly" to "shall be scheduled" in Section 15.56.130 Irrigation Scheduling.

On March 25, 2025, the City Council conducted a Public Hearing on an Ordinance to approve ZCA24-04 at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313. The City Council continued the Public Hearing to April 8, 2025, and asked staff to address the following recommendations.

City Council Recommendations from March 25, 2025, Public Hearing date are:
• Revise Chapters 5.06 HOME OCCUPATION PERMITS and 5.48 MASSAGE PARLORS AND MASSAGE TECHNICIANS to replace all use of massage “parlor” with massage “clinic.”
• Revise Chapter 8.108 NOISE to add language that the Building Official may, in their reasonable discretion, extend or limit construction hours in Section 8.108.060. • Revise Chapter 12.56 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY to make Section 12.56.070 read better so testing times and run times of the generators are clear.

Additionally in addition to the above, the Planning Department has proposed revising Chapter

18.64 OBJECTIVE DESIGN STANDARDS to add a alternative to LEED for smaller projects of ten (10) dwelling units or less. Section 18.64.040 SUSTAINABLE DESIGN now has a Department of Energy Zero Energy Ready Home Program Requirements for smaller projects of ten (10) dwelling units or less and a LEED requirement for larger projects over ten (10) dwelling units.

This Ordinance approving ZCA 24-04 represents Planning Staffs proposed edits and the Planning Commission/Site and Architectural Review Boards recommendations, and the City Councils recommendations.

ANALYSIS:

The Zoning Code Amendment (ZCA) 24-04 amends the City’s Municipal Code and a summary of the text edits to the Municipal Code in ZCA 24-04 are listed below in chronological order:

1. Amend Section 5.06.050 (Evaluation and Notice) of Chapter 5.06 (Home Occupation Permits) relating to notice being given to all owners of contiguous property only if the “home occupation” fails to comply with one or more of the required criteria. If the applicant is compliant then it would not have to go through the lengthy double notification process with notification of the application to the adjacent neighbors and the approval notification to the adjacent neighbors. Feedback is the current process is lengthy and cumbersome for home-based businesses.

2. Amend Section 5.06.060 (Decision to Approve of Deny) of Chapter 5.06 (Home Occupation Permits) relating to establishing a timeline for City staff to approve a home

occupation. Establishes ten (10) day review for compliant application and fourteen (14) day review period for non-compliant application. The fourteen (14) day period includes a notice to adjacent property owners whereas the ten (10) day period does not as it did not make sense to have a compliant application be held up by noticing. It seemed to be important to notice if some aspect was not compliant and that was retained.

3. Amend Section 5.40.050 (Length – Frequency - Hours) of Chapter 5.40 (Garage Sales) relating to hours when the sale can occur. The garage sale start time is being changed from 8:00 a.m. to 7:00 a.m. which is an hour earlier. The garage sale end time is being changed from 8:00 p.m. to sunset which varies by season throughout the year. This change was made to the start time to be consistent with the standard hours of operation start time of 7:00 a.m. for non-residential land uses found under Section 18.27.020.

4. Amend Section 5.42.160 (Frequency of Removal) of Chapter 5.42 (Integrated Waste Management) relating to when the hours when waste collection can occur and whom at the city may modify said hours. Trash removal start times are being updated to reflect current contractual agreement with Burrtec which are as follows: 6:00 a.m. to 5:00 p.m.

Monday through Saturday for multiple family residential and commercial properties; and, 6:30 a.m. to 5:00 p.m. Monday through Saturday for single family residential properties; and, with any alternative hours up to the discretion of the City Manager.

5. Amend Section 5.48.110 (Hours of Operation – Food or Beverages) of Chapter 5.48 (Massage Clinics and Massage Technicians) relating to when the hours when a massage establishment can occur. The massage establishment end time is being changed from 10:00 p.m. to 11:00 p.m. which is an hour later. This change was made to be consistent with the standard hours of operation end time of 11:00 p.m. for non-residential land uses found under Section 18.27.020. Per the City Council input, all references to “parlor” were replaced with “clinic” throughout Chapter 5.48.

6. Amended Section 8.108.010 (Intent) of Chapter 8.108 (Noise) relating to the intent of the noise ordinance. The incorporation of a community noise standards and ways to measure and minimize impacts are incorporated via reference now.

7. Add new Section 8.108.020.020 (Definitions) of Chapter 8.108 (Noise) relating to key terms defined that will aid in the application of the community standards in the noise ordinance. New defined terms are “A-weighted sound level (dB(A))”, “Community noise equivalent level (CNEL)”, “Cumulative time period”, “Day-night average level (Ldn)”, “Hearing board”, “Motor-driven vehicle”, “Noise”, “Noise level”, “Person”, “Residential property”, and “Simple tone noise”.

8. Amend Section 8.108.030 (Loud, annoying, excessive and unnecessary noises prohibited) of Chapter 8.108 (Noise) to clearly state any willfully made loud, unnecessary, unusual, excessive or unreasonable noise that disturbs a neighborhood is unlawful, notwithstanding any specified noise level.

9. Amend Section 8.108.040 (Exemptions) to expand to include city approved school and church events, government events, utility company projects and sirens and horns for emergencies. Exemption also covers traditional residential yard maintenance activities and automotive repair activities between 7:00 a.m. and 8:00 p.m. Pool equipment and air conditioning condensers that are permitted and installed per building and planning setbacks are also exempted.

10. Amend Section 8.108.050 (Special Activities) of Chapter 8.108 (Noise) relating to when the hours when noise associated with construction, agricultural work, and maintenance of property can occur between 7:00 a.m. and sunset on weekdays and 9:00 a.m. and sunset on weekends.

11. Add Section 8.108.060 (Construction Activities) of Chapter 8.108 (Noise) relating to when construction can occur which is 7:00 a.m. and sunset on weekdays and 9:00 am and sunset on weekends. Per the City Council input, the Building Official has the authority to extend or reduce the construction hours.

12. Amend Section 8.108.070 (Prohibited Noise) of Chapter 8.108 (Noise) identifies prohibited noises that are to be declared nuisances should they occur between the hours of 10:00 p.m. and 7:00 a.m. It also identified that non-residential maintenance activities and non-residential automotive repair works shall not occur from 8:00 p.m. to 8:00 a.m. unless otherwise states in a conditional use permit or architectural review permit.

13. Add new Section 8.108.080 (Noise Performance Standards) of Chapter 8.108 (Noise) that incorporates acceptable, conditionally acceptable, normally acceptable, and clearly unacceptable maximum noise levels throughout residential and non-residential land uses.

This is summarized in Table 8.108.070 (Performance Standards).

14. Add new Section 8.108.090 (Mixed use development) of Chapter 8.108 (Noise) to include an acceptable standard for mixed use residential component of plus five (5) decibels.

15. Add new Section 8.108.100 (Infill single-family residential development) of Chapter 8.108 (Noise) to include an acceptable standard for infill single-family residential developments of plus five (5) decibels.

16. Add new Section 8.108.110 (Noise level measurement criteria) of Chapter 8.108 (Noise) to include details on how noise readings are obtained.

17. Added new Section 8.108.120 (Penalty for violation) of Chapter 8.108 (Noise) to establish that any violation of the noise ordinance may be enforced per Chapter 1.16 (General Penalties).

18. Added new Section 8.108.130 (Penalty for public nuisance) of Chapter 8.108 (Noise) to establish that any violation of the noise ordinance may be abated per Chapter 8.04 (Nuisance Abatement).

19. Amend Section 8.112.010 (Dates and Hours of Sale and Discharge) of Chapter 8.112 (Fireworks) relating to when the hours when safe and sane fireworks can be discharged on the 4th of July. The discharge of fireworks end time is being changed from 11:00 p.m. to 10:00 p.m. which is an hour earlier. This change was made to minimize the impact of fireworks on the community.

20. Amend Section 9.05.010 (Definitions) of Chapter 9.05 (Vending on City Sidewalks) to add a new definition “Sidewalk vendor security camera.”

21. Amend Section 9.05.020 (Selling Food or Merchandise – Operational Requirements) of Chapter 9.05 (Vending on City Sidewalks) relating to when the hours when vending can

occur on a sidewalk. The current sidewalk vending allowed hours of 8:00 a.m. to 9:00 p.m. is changed to 9:00 a.m. and 6:00 p.m. or sunset whichever is earlier. This change is viewed as important to ensure safety as vending after dark increases exposure to bad elements. To increase safety the Planning Commission incorporated a required for sidewalk vendors to have a security camera(s).

22. Amend Section 10.16.021 (Restriction of Commercial Vehicles in Front Yards, Paved Driveways and Side Yards of Residential Areas) of Chapter 10.16 (Storage of Vehicles – Intersection Obstruction) relating to removal of recreational vehicles form the prohibited vehicles graphic as they are already regulated by a more recent Ordinance found in Section 18.60.030 (Parking Regulations of Chapter 18.60 (Off-Street Parking).

23. Amend Section 12.32.140 (Park Hours) of Chapter 12.32 (Conduct on Public Property - Parks) relating to when the hours when a City Park can be open and whom at the City may modify said hours. The current hours are 7:00 a.m. open with a 10:00 p.m. close.

This is being changed to 7:00 a.m. and the park closes at sunset. The City Manager can extend the limit on the hours of any park.

24. Amend Section 12.56.070 (Design and Development Standards) of Chapter 12.56 (Wireless Telecommunications Facilities in the Public Right-Of-Way) relating to when the hours when noise associated with a backup generator can occur. Currently backup generators are allowed to be tested during weekdays from 7:00 a.m. to 7:00 p.m. The new hours are from 8:00 a.m. to sunset on weekdays. There is no testing allowed on weekends or holidays. Per the City Council input, this section as revised to make it clear when testing and maintenance can occur separately from a power outage and includes City Engineer authority to modify hours of testing and maintenance if necessary.

25. Amend Section 15.56.130 (Irrigation Scheduling) of Chapter 15.56 (Water Efficient Landscape) relating to when the hours when overhead irrigation can occur. This section was clarified to stipulate that residential and commercial land from agricultural land.

Irrigation on agricultural land is now required to obtain a Conditional Use Permit (CUP) from the Planning Commission. Residential and commercial land is not required to get a CUP to irrigate.

26. Amend Section 18.10.040 (Site Development Standards) of Chapter 18.10 (Residential Districts) relating to minimum square feet and number of bedrooms for a multiple-family7 residential unit. This section currently caps a multiple-family unit at two (2) rooms. The changes now permit for one, two, three, and four plus bedroom duplex, triplex, and multiple family construction with minimum square footages for each respectively.

27. Amend Section 18.53.020 (Agricultural overlay standards) of Chapter 18.53 (AG Agricultural Overlay District) to require a CUP for overhead irrigation schedule for orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing.

28. Amend Section 18.56.030 (Conditional permitted uses) of Chapter 18.56 (AG-2 Agricultural 2 Overlay District) to require a CUP for overhead irrigation schedule for orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing.

29. Amend Section 18.64.040 (Sustainable Design) of Chapter 18.64 (Objective Design

Standards) relating to minimum Leadership in Energy and Environmental Design (LEED) certification requirement for an Objective Design Standards (ODS) development application greater than ten (10) dwelling units within the City. Objective Design Standard project is currently required to achieve the highest “Platinum” level of LEED Certification, and the change will require that an Objective Design Standard project just meet any one of the of the different LEED Certification levels. For ODS development application of ten (10) or fewer dwelling units the project is required to be Department of Energy Zero Energy Ready Home Program certified.

30. Amend Section 18.80.050 (Signs on Public Property) of Chapter 18.80 (Signs) relating to hours when temporary signs displayed in the public right-of-way can occur. Currently the hours are 8:00 a.m. to 5:00 p.m. and they have been changed to 7:00 a.m. to 11:00 p.m. to be consistent with the standard hours of operation for non-residential land uses found under Section 18.27.020.

31. Amend Section 18.80.130 (General Provisions) of Chapter 18.80 (Signs) relating to prohibition of illuminated of signs that face a residential use. The change now clarifies that any nonresidential building within one hundred (100) feet of a residential use shall not have an illuminated sign “facing” the residential use.

32. Amend Section 18.82.010 (Residential Care Facilities) of Chapter 18.82 (Standards for Specified Land Uses and Activities) relating to when the hours when noise associated with outdoor activities at a residential care facility can occur. The current restriction of outdoor activities are 7:00 a.m. to 9:00 p.m. and the changes will be to replace 9:00 p.m. with sunset.

A full accounting of the proposed modifications to the Municipal Code in tracked changes red lined format is provided in Attachment 2 to this agenda staff report.

ENVIRONMENTAL REVIEW:

The Ordinance approving ZCA 24-04 is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) – Common Sense Exemption. The text amendments cleaning up the Municipal Code to improve consistency and streamline processes. Regular text edits to the Municipal Code is an activity that is covered by the commonsense exemption. CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the ZCA 24-04 activity will have a significant effect on the environment, the ZCA 24-04 activity is not subject to CEQA. The project will not have a significant effect on the environment because the text amendments to the Municipal Code are regulatory in nature. A Notice of Exemption (NOE) is provided as Attachment 3 to this agenda report and will be filed with the County and State should the City Council approve this Ordinance for ZCA 24-04.

NOTIFICATION:

The Public Hearing Notice for the Project was published in compliance with the City's Municipal Code and the City’s “Expanded Public Noticing and Outreach Policy for Public Hearings and Public Workshops.” The Public Hearing Notice was published in March 13, 2025, edition of the Grand Terrace City News, posted in three public places, including Grand Terrace News Paper, City Hall Lobby and Kiosk. To date, staff has not received any comments.

FINDINGS:

Municipal Code Section §18.90.040 - Planning Commission Public Hearing and Recommendation, lists the findings of fact that must be made by the Planning Commission and City Council when amending Title 18 “Zoning”. The Planning Commission made all necessary findings, and they are detailed in the Ordinance approving ZCA 24-04 which is provided within the body of the Ordinance (Attachment 1).

CONCLUSION:

This Ordinance approving ZCA 24-04 is consistent with the spirit and intent of the Implementation Plan Goals 2.1 and 2.3 in that is the City conducting a periodical review of the Zoning Code and Municipal Code standards to assure effective regulation of land uses and noise. ZCA 24-04 will streamline and clarify existing regulations and establish new noise standards. There is no foreseeable detriment to the people working or living within the City resulting from the proposed ZCA 24-04.

Planning Staff recommend that City Council determine the project is Categorically Exempt from CEQA and introduce for first reading the Ordinance approving ZCA 24-04 that includes staff, Planning Commission and the City Council’s edits from Public Hearings on November 21, 2024, February 27, 2024, March 25, 2025, and April 8, 2025.

ATTACHMENTS:
1) Ordinance Approving ZCA 24-04
2) Tracked Text Edits ZCA 24-04
3) Notice of Exemption ZCA 24-04

Ordinance No. ___

ORDINANCE NO. ___

AN ORDINACE OF THE CITY COUNCIL OF GRAND TERRACE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 24-04, AMENDING THE GRAND TERRACE MUNICIPAL CODE CHAPTER 5.06 (HOME OCCUPATION PERMITS); CHAPTER 5.40 (GARAGE SALES); CHAPTER 5.42 (INTEGRATED WASTE MANAGEMENT); CHAPTER 5.48 (MASSAGE PARLORS AND
MASSAGE TECHNICIANS); CHAPTER 8.108 (NOISE); CHAPTER 8.112 (FIREWORKS); CHAPTER 9.05 (VENDING ON CITY SIDEWALKS); CHAPTER

10.16 (STORAGE OF VEHICLES – INTERSECTION OBSTRUCTION); CHAPTER 12.32 (CONDUCT ON PUBLIC PROPERTY – PARKS); CHAPTER

12.56 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY); CHAPTER 15.56 (WATER EFFICIENT LANDSCAPE); CHAPTER 18.10 (RESIDENTIAL DISTRICTS); CHAPTER 18.53 (AG AGRICULTURAL OVERLAY DISTRICT); CHAPTER 18.56 (AG-2
AGRICULTURAL 2 OVERLAY DISTRICT); CHAPTER 18.64 (OBJECTIVE DESIGN STANDARDS); CHAPTER 18.80 (SIGNS); AND CHAPTER 18.82 (STANDARDS FOR SPECIFIED LAND USES AND ACTIVITIES), AND A DETERMINATION THAT ZCA 24-04 IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) - COMMON SENSE EXEMPTION.

WHEREAS, the City of Grand Terrace (“City”) adopted a Zoning Code as set forth in Title 18 of the Grand Terrace Municipal Code, which has been amended from time to time; and WHEREAS, the City wishes to protect and preserve the quality of life throughout the City through effective land use and planning; and
WHEREAS, the Municipal Code and its Zoning are local law that regulates various aspects of how land can be used and what is acceptable and unacceptable with respect to noise; and
WHEREAS, Chapter 5.06 (Home Occupation Permits) establishes a process and criteria to regulate “commercial uses” associated with a residence where the business will clearly not alter the character of the residential environment, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 5.06.050 (Evaluation and Notice) of Chapter 5.06 (Home Occupation Permits) establishing timelines and a notification process for all owners of contiguous property to be used if the “home occupation” permit application is not compliant one or more of the required criteria; and WHEREAS, Chapter 5.40 (Garage Sales) establishes a process and criteria to regulate “garage sales” associated with a residentially zoned or occupied property, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 5.40.050 (Length – Frequency - Hours) of Chapter 5.40 (Garage Sales) specifying the hours when the garage sale can occur; and
WHEREAS, Chapter 5.42 (Integrated Waste Management) establishes a process and criteria to regulate “waste management services” within the City, and Attachment 1

Ordinance No. ___

WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 5.42.160 (Frequency of Removal) of Chapter 5.42 (Integrated Waste Management) relating to when the hours when waste collection can occur and whom at the City may modify said hours; and WHEREAS, Chapter 5.48 (Massage Parlors and Massage Technicians) establishes a process and criteria to regulate “massage” within the City, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 5.48.110 (Hours of Operation – Food or Beverages) of Chapter 5.48 (Massage Parlors and Massage Technicians) relating to when the hours when a massage establishment can occur; and WHEREAS, Chapter 8.108 (Noise) establishes a process and criteria to regulate “noise” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 8.108.010 (Intent), add Section 8.108.020 (Definitions), amend Section 8.108.030 (Loud, Annoying, Excessive and Unnecessary Noises Prohibits), amend Section 8.108.040 (Exemptions), amend Section 8.108.050 (Special Activities), add Section 8.108.060 (Construction Activities), amend Section 8.108.070 (Prohibited Noise), add Section 8.108.080 (Noise Performance Standards), add Section 8.108.090 (Mixed Use Development), add Section 8.108.100 (Infill Single-Family Residential Development), add Section 8.108.110 (Noise Level Measurement Criteria), amend Section 8.108.120 (Penalty For Violation), and add Section 8.108.130 (Penalty for Public Nuisance) to establish noise level limits and measurement criteria as a part of a comprehensive update to the noise standards; and
WHEREAS, Chapter 8.112 (Fireworks) establishes a process and criteria to regulate “safe and sane fireworks” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 8.112.010 (Dates and Hours of Sale and Discharge) of Chapter 8.112 (Fireworks) relating to when the hours when safe and sane fireworks can be discharged on the 4th of July; and WHEREAS, Chapter 9.05 (Vending on City Sidewalks) establishes a process and criteria to regulate “sidewalk vendors” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 9.05.010 (Definitions), and amend Section 9.05.020 (Selling Food or Merchandise – Operational Requirements) of Chapter 9.05 (Vending on City Sidewalks) relating to when the hours when vending can occur and incorporating a security camera requirement; and WHEREAS, Chapter 10.16 (Storage of Vehicles – Intersection Obstruction) establishes a process and criteria to regulate “commercial vehicles” within residentially zoned properties, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 10.16.021 (Restriction of Commercial Vehicles in Front Yards, Paved Driveways and Side Yards of Residential Areas) of Chapter 10.16 (Storage of Vehicles – Intersection Obstruction) relating to removal of recreational vehicles form the prohibited vehicles graphic as they are already regulated by a more recent Ordinance found in Section 18.60.030 (Parking Regulations of Chapter 18.60 (Off-Street Parking); and
WHEREAS, Chapter 12.32 (Conduct on Public Property - Parks) establishes a process

Ordinance No. ___

and criteria to regulate “Public Property” within the City, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 12.32.140 (Park Hours) of Chapter 12.32 (Conduct on Public Property - Parks) relating to when the hours when a City park can be open and whom at the City may modify said hours; and WHEREAS, Chapter 12.56 (Wireless Telecommunications Facilities in the Public RightOf-Way) establishes a process and criteria to regulate permitting, development, siting, installation, design, operation and maintenance of “wireless telecommunications facilities” in the City's public right-of-way, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 12.56.070 (Design and Development Standards) of Chapter 12.56 (Wireless Telecommunications Facilities in the Public Right-Of-Way) relating to when the hours when noise associated with a backup generator can occur; and
WHEREAS, Chapter 15.56 (Water Efficient Landscape) establishes a process and criteria to regulate “landscape irrigation” for water conservation purposes pursuant to State law within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 15.56.130 (Irrigation Scheduling) of Chapter 15.56 (Water Efficient Landscape) to define overhead irrigation of residential and commercial landscape, so it is not confused with agricultural irrigation; and WHEREAS, Chapter 18.10 (Residential Districts) establishes a process and criteria to regulate “residential zones” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.10.040 (Site Development Standards) of Chapter 18.10 (Residential Districts) relating to the number or multiple family bedrooms and the minimum square feet for one, two, three, and four plus bedroom duplex, triplex, and multiple family construction; and
WHEREAS, Chapter 18.53 (AG Agricultural Overlay District) establishes the standards for the AG Overlay within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.53.020 (Agricultural Overlay Standards) of Chapter 18.53 (AG Agricultural Overlay District) relating to the addition of a Conditional Use Permit (CUP) requirement for the “overhead irrigation” of orchards, groves, and other crops, and
WHEREAS, Chapter 18.56 (AG-2 Agricultural 2 Overlay District) establishes the standards for the AG-2 Overlay within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.56.030 (Conditionally Permitted Uses) of Chapter 18.56 (AG-2 Agricultural 2 Overlay District) relating to the addition of a Conditional Use Permit (CUP) requirement for the “overhead irrigation” of orchards, groves, and other crops; and
WHEREAS, Chapter 18.64 (Objective Design Standards) establishes a process and design standards that are “objective” for multifamily residential development and mixed-use development with a residential component to ensure that such development is attractively

Ordinance No. ___

designed, maintains positive aesthetic characteristics, and to provide property owners and developers with predictable design approval standards for such development and establishes conditions and procedures for processing streamlined housing projects consistent with Government Code Section 65913.4 within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.64.040 (Sustainable Design) of Chapter 18.64 (Objective Design Standards) relating to minimum Leadership in Energy and Environmental Design (LEED) certification requirement for an Objective Design Standards (ODS) development application within the City; and WHEREAS, Chapter 18.80 (Signs) establishes a process and criteria to regulate “signage” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.80.050 (Signs on Public Property) and Section 18.80.130 (General Provisions) of Chapter 18.80 (Signs) relating to hours when temporary signs displayed in the public right-of-way can occur and the prohibition of illuminated signs that face a residential use; and WHEREAS, Chapter 18.82 (Standards for Specified Land Uses and Activities) contains standards for unique land uses within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.82.010 (Residential Care Facilities) of Chapter 18.82 (Standards for Specified Land Uses and Activities) relating to when the hours when noise associated with outdoor activities at a residential care facility can occur; and
WHEREAS, state law requires that the City’s Zoning Code (Title 18 of the Grand Terrace Municipal Code) conform with the General Plan’s goals and policies, and WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to establish requirements for the regulation of land uses, in compliance with the California Government Code, and
WHEREAS, notice of the City Council Public Hearing concerning this Ordinance was duly published in a local newspaper at least ten (10) days prior to the Public Hearing and posted by the City Clerk in compliance with the City’s Zoning Code and City Council Resolution No. 2019- 24, Expanded Public Noticing and Outreach Policy for Public Hearings and Public Workshops; and
WHEREAS, Ordinance No. ___ approving Zoning Code Amendment (ZCA) 24-04 is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) – Common Sense Exemption in that the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment and the Zoning Code update to establish noise standards, streamline Home Occupation Permits, and correct miscellaneous inconsistencies within the Municipal Code will not have a significant effect on the environment; and
WHEREAS, on November 21, 2024, the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace conducted a duly noticed Public Hearing on Zoning Code Amendment (ZCA) 24-04 and considered testimony and evidence presented by the public, city staff, and other interested parties, at the Public Hearing held within respect thereto asking

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staff incorporate the following changes:
1) Revise Chapter 5.40 GARAGE SALES to start at 7:00a.m. and to end at sunset and to use “sunset” uniformly throughout ZCA 24-04 in place of dusk; 2) Revise Chapter 5.42 INTEGRATED WASTE MANAGEMENT to use “or their designee” uniformly throughout ZCA 24-04;
3) Revise Chapter 8.108 NOISE to incorporate standards that address commercial and residential areas and ensure automotive repair ends at sunset; 4) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to require “sidewalk vending security camera” for all sidewalk vendors;
5) Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to address residential versus agricultural overhead irrigation and to check with the water purveyor; and WHEREAS, on January 16, 2025, the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace reopened the duly noticed Public Hearing on Zoning Code Amendment (ZCA) 24-04 and at staffs request continued the public hearing to February 27, 2025, due to delays in agenda preparation arising from citywide storm power outages; and WHEREAS, on February 27, 2025, the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace reopened the duly noticed Public Hearing on Zoning Code Amendment (ZCA) 24-04 and considered testimony and evidence presented by the public, city staff, and other interested parties, at the Public Hearing held within respect thereto; and WHEREAS, on February 27, 2025, the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace concluded the Public Hearing with adoption of Planning Commission / Site and Architectural Review board Resolution 2025-__ recommending City Council approval of Zoning Code Amendment (ZCA) 24-04 along with the Commissions asking staff to incorporate the additional changes:
1) Revise Chapter 8.108 NOISE to add a new section under 8.108.030 EXEMPTIONS to address railroad and locomotive noise. The new section will exempt sounds and noise generated by railroad operations, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations; 2) Revise Chapter 8.108 NOISE to add the phrase "approved by the City" to Section

8.108.030 F for clarity;
3) Revise Chapter 8.108 NOISE to eliminate Section 8.108.040 C and create a new section under 8.108.050 titled "Construction Activities"; 4) Revise Chapter 8.108 NOISE to specify the end of maintenance of real property at sunset and to consistently use the term "sunset" throughout ZCA 24-04, replacing "dusk";
5) Revise Chapter 8.108.050 PROHIBITED NOISE E. Jaime Needs to give us guidance on the language about legal recommendations about regulating locomotives;

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6) Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.070, Mixed-use development, to include the following language: “, when the noise exceeds the standards established by the performance standards";
7) Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.080, Infill single-family residential development, to include the following language: “, when the noise exceeds the standards established by the performance standards";
8) Revise Chapter 8.108 NOISE to remove the quotation under Section 8.108.110; 9) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to add the term "persons" to the locations where a surveillance camera can be installed in Section 9.05.010, Definitions;
10) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to replace “if applicable” with “if selling of food” to Section 9.05.020 Selling food or merchandise—Operational requirements;
11) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to include the requirement that "the vendor must be able to provide video upon request by City Officials and must have at least one week's worth of video storage";
12) Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to add the word "regularly" to "shall be scheduled" in Section 15.56.130 Irrigation Scheduling; and WHEREAS, on March 25, 2025, the City Council of the City of Grand Terrace held a duly noticed Public Hearing with respect thereto, and considered testimony and evidence at the Public Hearing on the Ordinance that would approve Zoning Code Amendment (ZCA) 24-04; and WHEREAS, on March 25, 2025, the City Council of the City of Grand Terrace continued the Public Hearing on the Ordinance that would approve Zoning Code Amendment (ZCA) 24-04 to the regularly scheduled Public Hearin of April 8, 2025, and directed staff to incorporate additional changes:
1) Revise Chapters 5.06 HOME OCCUPATION PERMITS and 5.48 MASSAGE PARLOS AND MASSAGE TECHNICIANS to replace all use of massage “parlor” with massage “clinic;” and
2) Revise Chapter 8.108 NOISE to add language that the Building Official may, in their reasonable discretion, extend or limit construction hours in Section 8.108.060; and 3) Revise Chapter 12.56 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY to make Section 12.56.070 read better so testing times and run times of the generators are clear.

WHEREAS, on April 8, 2025, the City Council of the City of Grand Terrace reopened the Public Hearing continued from March 25, 2025, and introduced and conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect thereto, and considered testimony

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and evidence at the Public Hearing on the Ordinance approving Zoning Code Amendment (ZCA) 24-04; and
WHEREAS, on May 13, 2025, the City Council of the City of Grand Terrace conducted a second reading and adoption of the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and,

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby specifically finds that all the facts set forth in the above Recitals are true and correct and incorporated herein by this reference and made a part hereof.

SECTION 2. Based upon the forgoing and all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the Public Hearing, the City Council hereby finds that the Project “Zoning Code Amendment (ZCA) 24-04” is not subject to environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines as follows:

Finding: A project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Facts in Support of Finding: The City of Grand Terrace has reviewed the proposed project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the threestep process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if the Zoning Code Amendment project is exempt from CEQA. Since it can be seen with certainty that the Zoning Code Amendment (ZCA) 24-04 solely a text edit exercise for internal consistency and streamlining purposes, it has no foreseeable potential to have a significant adverse effect on the environment. The City of Grand Terrace has determined that the proposed Zoning Code Amendment (ZCA) 24-04 is considered to be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption.

The project is exempt under the “common sense” exemption because it does not involve any grading, demolition, or construction activities that will have a significant effect on the environment. The project is strictly a text update to the City’s Municipal Code. It can be said with certainty that the project will not have a significant effect on the environment. As such, the proposed project is exempt from CEQA, or not subject to CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption.

A Notice of Exemption (NOE) has been prepared for the project in that the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The project will not have a significant effect on the environment because the amendments only update land use regulations in the Zoning Code.

SECTION 3. Based upon the forgoing and all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the

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Public Hearing, the City Council determines the findings for Zoning Code Amendment (ZCA) 24- 04 pursuant to Grand Terrace Municipal Code Section §18.90.040 can be made supporting the project application as follows:
1) Finding: The proposed amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City.

Facts in Support of Finding: The Zoning Code Amendment (ZCA) 24-04 amends the City’s Municipal Code to consolidate address primarily the hours identified for noise associated with activities to occur. IN addition this ZCA will also address miscellaneous inconsistencies within the Municipal Code as a “clean-up” exercise. There is no foreseeable detriment to the persons working or living within the City resulting from the proposed ZCA 24-04 as the edits to Municipal Code will streamline the processes contained within and ensure internal consistency between Chapters and Sections. 2) Finding: The proposed amendment will not be: Injurious to property or improvements in the neighborhood or within the City.

Facts in Support of Finding: The Zoning Code Amendment (ZCA) 24-04 to amend the City’s Municipal Code will not be injurious to property improvements within neighborhoods in the City because ZCA 24-04 is clarifying the municipal code for all who reference it so no confusion exists with respect to hours when activities and noise can occur. In addition, there are various sections of the Municipal Code requiring additional “clean-up” for internal consistency and streaming purposes that the City has identified and included as a park of this ZCA.
3) Finding: The proposed amendment will be consistent with the latest adopted general plan.

Facts in Support of Finding: This ZCA 24-04 is consistent with the spirit and intent of the Implementation Plan Goal 2.1 and Policy 2.1.4 in that is the City conducting a periodical review of the Zoning Code land use standards to bring specific additions and deletions for residential and non-residential land uses to the Planning Commission and City Council for inclusion in the Municipal Code.

SECTION 4. Sections 5.06.050 “Evaluation and Notice” and Section 5.06.060 “Decision to Approve or Deny” of Chapter 5.06 – HOME OCCUPATION PERMITS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“5.06.050 Evaluation and Notice.

The community development director or their designee shall review a Home Occupation Permit. If it meets the criteria set forth in this chapter, the Home Occupation Permit shall be approved. If it does not meet the criteria set forth in this Chapter, the Home Occupation Permit request shall be denied, or they can provide notice to all owners of contiguous property, seeking their support or opposition to the Home Occupation Permit. The notice shall make contiguous property owners aware of the character and scope of the proposed Home Occupation Permit and request their support or opposition to the Home Occupation Permit:

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A. "Contiguous property," for the purposes of this Chapter, is defined as those properties which touch property lines of any parcel that is the subject of a request for a home occupation permit, including those properties which touch the property lines of the subject parcel when projected across public or private rights-of-way or easements.

B. Notice shall be given by first class mail or delivery to all contiguous property owners for home occupation permits.

C. Notice may be given in such other manner as is deemed necessary or desirable by the community development director in order to achieve sufficient notice.

D. Notice shall include all necessary information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision-making process.”
“Section 5.06.060 “Decision to Approve or Deny.

Within ten (10) days after receiving a compliant application, the community development director or their designee shall review the initial findings and notify the applicant if they are compliant and approved. Within fourteen (14) days after giving notice to contiguous property owners of an application that does not meet one or more of the criteria listed in this Chapter, the community development director or their designee shall review the initial findings and notify the applicant and contiguous property owners of their decision to approve or deny the Home Occupation Permit.”
SECTION 5. Section 5.40.050 “Length-Frequency-Hours” of Chapter 5.40 – GARAGE SALES of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“5.40.050 Length—Frequency—Hours.

Not more than two garage sales may be conducted by any person or upon a lot or parcel of land during any period of 12 consecutive months. Such garage sale shall not be conducted for longer than three consecutive days. The sale shall not be conducted between the hours of sunset of any one day and 7:00 a.m. of the following day.”
SECTION 6. Section 5.42.160 “Frequency of Removal” Of Chapter 5.42 – INTEGRATED WASTE MANAGEMENT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“5.42.160 Frequency of Removal.

A. Persons in charge of the day-to-day operation of properties other than commercial food preparation establishments, shall make arrangements to have removed, not less frequently than once a week, from the property upon which the residence or residences are located, all refuse on the premises.

B. Every person in charge of commercial food preparation establishments shall cause all refuse to be removed from the property not less frequently than twice a week.

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C. The City Manager or their designee may specify the frequency of collection of refuse created, produced or brought upon the premises of commercial or multifamily residential premises, and the size and number of bins required.

D. Collection shall be made only between the following hours:

1. For multiple family residential and commercial properties between 6:00 a.m. and 5:00 p.m.

Monday through Saturday.

2. For single family residential properties between the hours of 6:30 a.m. and 5:00 p.m., Monday through Saturday.

Alternative pickup hours may be authorized only upon prior written approval of the City Manager or their designee, which shall include requirements for the contractor to notify the affected customers prior to implementing the change.

E. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety or the environment, which may develop in any specific area as a result of solid waste collection, the City Manager or their designee may regulate the routes, intervals, delivery points, and times for collection by all contractors operating within the City.”
SECTION 7. Sections 5.48.010 “Definitions,” 5.48.020 “License Required,” 5.48.030 “Exemptions,” 5.48.040 “Scope of Technician License,” 5.48.050 “Application for License,”

5.48.060 “Issuance of License,” 5.48.070 “Appeal of License Denial,” 5.48.080 “Nontransferability,” 5.48.090 “Term – Renewal,” 5.48.100 “Required Facilities and Practices,”

5.48.110 “Hours of Operation – Food or Beverages,” 5.48.120 “Bodily Exposure or Contact,”

5.48.130 “Records of Treatments,” 5.48.140 “Revocation of License,” 5.48.150 “Abatement as Nuisance,” and 5.48.160 “Enforcement: of Chapter 5.48 – MASSAGE CLINICS AND MASSAGE TECHNICIANS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“Chapter 5.48 MASSAGE CLINICS AND MASSAGE TECHNICIANS”
Sections:
“5.48.010 Definitions.

The following words and phrases, as used in this Chapter, shall have the signification and meaning attached to them in this Section unless otherwise clearly apparent from the context:

A. "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

B. "Massage clinic" means and includes any massage establishment, or any room, place or institution where massage of the human body is given or administered for consideration of any kind.

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C. "Massage technician" means and includes any person who gives, performs or administers to another person a massage as defined in this Section.

D. "Person" means and includes person(s), firms, corporations, associations or any other form of business organization or group.

E. "Recognized school" means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage technician or therapist, which school requires a resident course of study of not less than 200 hours to be given before the student is furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning.”
“5.48.020 License required.

It is unlawful for any person to practice, engage in or carry on the business or activities of a massage technician or massage clinic within the City without having a license under this Chapter to do so and complying with all regulations and requirements as contained and set forth in this Chapter. It is unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage clinic to employ or permit a person to act as a massage technician, as defined in this Chapter, who is not in possession of a valid unrevoked massage technician license issued by the City.”
“5.48.030 Exemptions.

This Chapter shall not apply to the following classes of individuals, and no permit shall be required of such persons, while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State; B. Nurses who are registered as such under the laws of the State; C. Barbers, beauticians and cosmetologists who are duly licensed under the laws of the State;
D. Athletic team or personal athletic trainer;
E. Acupuncturists who are duly certified to practice their profession in the State.” “5.48.040 Scope of technician license.

A license to perform massage services as a massage technician does not authorize the operation of a massage clinic. Any person licensed to perform as a massage technician who desires to operate a massage clinic shall separately apply for a license therefor.”

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“5.48.050 Application for license.

A. Any person desiring to obtain a license to operate a massage clinic or engage in massage technician services shall make written application to the City Clerk, who shall refer all such applications to the Chief of Police for an appropriate investigation.

B. Each application for a massage clinic license shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council. Each application for a massage technician license shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council.

C. An applicant for a license under this Chapter shall submit the following information:

1. Full name and any alias theretofore used or currently used and current address;

2. Fingerprints as may be required by the Chief of Police;

3. The two previous business and residence addresses of the applicant immediately prior to the current address;

4. Written proof that the applicant is over the age of 18 years;

5. Applicant's height, weight and color of eyes and hair;

6. Two current photographs at least two inches by two inches in size;

7. The business, occupation or employment of the applicant for three years immediately preceding the date of the application and the location where the licensed activities will be conducted;

8. Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation;

9. All convictions and the grounds therefor;

10. A certificate from the environmental health officer designating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;

11. Applicants for a massage technician license must in addition to the requirements set out above in this Section, furnish a diploma or certificate of graduation from a recognized school or other institution of learning as defined in this Chapter. The Chief of Police shall determine whether this educational requirement has been met.” “5.48.060 Issuance of license.

Upon payment of all fees, submitting all information required by the application and upon proper inspection and investigation, a license shall be issued to applicants therefor by the City Clerk only if all requirements of this Chapter and all other applicable laws are met, and such

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compliance is reported to the City Clerk by the Chief of Police pursuant to his investigation under this Chapter. A license shall also be denied upon a showing of any of the matters set forth in California Government Code Section 51032.”
“5.48.070 Appeal of license denial.

Any person denied a license pursuant to this Chapter may appeal to the City Council in writing, stating reasons why the permit should be granted. The City Council may grant or deny the permit. The council may also review any determination of the Clerk granting or denying a permit on its own motion. Any appeal must be made within ten days of denial of a license. The decision of the City Council on any appeal shall be final.” “5.48.080 Nontransferability.

All licenses issued under this Chapter are nontransferable, both as to location and the person holding a license. Every person to whom a license has been granted shall display the license in a conspicuous place where the licensed activities are performed or conducted.” “5.48.090 Term—Renewal.

Every license issued under this Chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to the termination pursuant to Section 5.48.140. Any renewal of a license issued under this Chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this Chapter for an original license.” “5.48.100 Required facilities and practices.

No license to conduct a massage clinic shall be issued unless an inspection by the Chief of Police discloses that the massage clinic premises and operation will at all times comply with each of the following minimum requirement:

A. A readable sign shall be posted at the main entrance identifying the establishment as a massage clinic, provided, also, that all such signs shall otherwise comply with the sign requirements of City ordinances.

B. Minimum lighting shall be provided in accordance with the Uniform Building Code and, additionally, at least one artificial light of not less than 40 watts shall be provided and used at all times in each enclosed room or booth where massage services are being rendered.

C. Minimum ventilation shall be provided in accordance with the Uniform Building Code.

D. Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided.

E. Hot and cold running water shall be provided.

F. Closed cabinets shall be utilized for the storage of clean linen.

G. Adequate dressing and toilet facilities shall be provided for patrons.

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H. All walls, ceilings, floors, steam or vapor rooms, and all other physical facilities for the massage clinic shall be kept in good repair, maintained in a clean and sanitary condition.

I. Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted.

J. The premises to be used shall at all times be in compliance with applicable laws.” “5.48.110 Hours of operation—Food or beverages.

No massage clinic shall be open between the hours of 11:00 p.m. and 7 a.m. Massage clinics shall not serve food or beverages on the premises of the massage clinic.” “5.48.120 Bodily exposure or contact.

No massage technician or massage clinic owner or employee may expose his or her genitals, buttocks or, in the case of a female, her breast(s), nor in the course of administering a massage, make intentional contact with the genitals or anus of any other person.” “5.48.130 Records of treatments.

Every person, association, firm or corporation operating a massage clinic under a license as provided in this Chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment. The records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for other purposes related to this Chapter.”
“5.48.140 Revocation of license.

A. No license issued under this Chapter shall be revoked until notice and a hearing has been held before the City Council to determine just cause for revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon.

The notice shall state the grounds of the complaint against the holder of such license, and shall designate the time and place where such hearing will be held.

B. The notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person over the age of eighteen years. In the event the license holder cannot be found, and the service of such notice cannot be otherwise made in the manner provided in this Chapter, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. The decision of the City Council in a revocation appeal shall be final.

C. A license issued under this Chapter may be revoked upon one or more of the following grounds:

1. That the holder practiced fraud or deceit in being licensed under this Chapter;

2. That the holder violated a provision or provisions of this Chapter;

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3. That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude. The conviction of a felony shall be the conviction of an offense which, if committed within this state, would constitute a felony under the laws thereof;

4. That the facilities and operations of the massage clinic are not kept in compliance with this Chapter as set forth in Section 5.48.110;

5. That the holder has employed, allowed or permitted an unlicensed person to perform massage in the holder's massage clinic;

6. That the holder or the holder's employees have violated state or local laws in conducting activities licensed and regulated by this Chapter.”
“5.48.150 Abatement as nuisance.

Any massage clinic operated, conducted or maintained contrary to the provisions of this Chapter shall be and the same is unlawful and a public nuisance and the City attorney may, in addition to or in lieu of prosecuting a criminal action under this Chapter, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or move such massage clinic and restrain and enjoin any person from operating, conducting or maintaining a massage clinic contrary to the provisions of this Chapter.”
“5.48.160 Enforcement.

The provisions of this Chapter shall be enforced by the chief of police.” SECTION 8. Sections 8.108.010 “Intent,” 8.108.020 “Definitions,” 8.108.030 “Loud, Annoying, Excessive and Unnecessary Noises Prohibited,” 8.108.040 “Exemptions,” 8.108.050 “Special Activities,” 8.108.060 “Construction Activities,” 8.108.070 “Prohibited Noise,” 8.108.080 “Noise Performance Standards,” 8.108.090 “Mixed Use Development,” 8.108.100 “Infill SingleFamily Residential Development,” 8.108.110 “Noise Level Measurement Criteria,” 8.108.120 “Penalty for Violation,” and 8.108.130 “Penalty for Public Nuisance” of Chapter 8.108 – NOISE in the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“8.108.010 Intent.

It is the intent of this Chapter to protect properties within the City and the health and safety of persons from environmental nuisances and hazards and provide a pleasing environment throughout the City by providing an acceptable noise environment for existing and future residents within the city. The city seeks to accomplish this by establishing the following:

A. A community noise standard that specifies acceptable noise limits for various land uses and activities; and
B. Measures to minimize noise impacts from transportation-related noise sources; and C. Measures to minimize noise impacts from non-transportation related noise sources.”

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“8.108.020 Definitions
"A-weighted sound level (dB(A))" means an A-weighted sound level is the sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The Aweighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human hearing system and provides good correlation with subjective reactions to noise.
"Community noise equivalent level (CNEL)" means the average equivalent A-weighted sound level during a twenty-four-hour day, obtained after the addition of five decibels to sound levels occurring during the evening from seven p.m. to ten p.m. and addition of ten decibels to sound levels occurring during the night from ten p.m. to seven a.m. The five and ten decibel penalties are applied to account for increased noise sensitivity during the evening and nighttime hours. The CNEL is not measured, but is computed.
"Cumulative time period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Day-night average level (Ldn)" means the average equivalent A-weighted sound level during a twenty-four-hour day obtained after the addition of ten decibels to sound levels occurring during the nighttime from ten p.m. to seven a.m. The ten-decibel penalty is applied to account for increased noise sensitivity during the nighttime hours. The Ldn represents the daily energy noise exposure averaged on an annual basis.
"Hearing board" means the board appointed by city council as arbitrators of the Grand Terrace Municipal Code to review and determine violations, nuisances, abatement procedures, and penalties of this chapter.
"Motor-driven vehicle" shall include but is not limited to, any automobile, truck, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road. "Noise" means any sound that exceeds the limitations set herein. "Noise level" means the A-weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A). "Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
"Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. "Simple tone noise" means a noise characterized by a predominant frequency, or frequencies so that other frequencies cannot be readily distinguished.” “8.108.030 Loud, annoying, excessive and unnecessary noises prohibited.

A. Notwithstanding any specified noise level, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, unusual, excessive or unreasonable noise that disturbs the peace or quiet of any neighborhood within the City or which causes discomfort or annoyance to any reasonable person of normal sensitivities

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in ownership, or control of any premises to knowingly permit a violation of this section upon said premises.

B. Any law enforcement officer, code enforcement officer, or other employee or official designated by the City Manager who hears excessive noise or sound as defined in this Chapter that is plainly audible, in violation of this Chapter, may enforce this Chapter and shall assess the noise or sound according to the following standards:

1. The primary means of detection shall be by means of the official's normal hearing faculties, not artificially enhanced.

2. The official shall first attempt to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates, then the official shall confirm the source of the sound or noise by approaching the suspected vehicle or real property until the official is able to obtain a direct line of sight and hearing, and confirm the source of the sound or noise that was heard at the place of the original assessment of the sound or noise.

3. The official need not be required to identify words, song titles, artists, or lyrics in order to establish a violation.”
“8.108.040 Exemptions.

A. There is exempted from the provisions of this Chapter the use of horns, sirens or other signaling or warning devises by persons vested with legal authority to use the same and in pursuit of their lawful duties, such as on ambulances, fire, police and other governmental or official vehicles.

B. Emergency type land uses, emergency response vehicles, and emergency notification measures shall be considered as Normally Acceptable measures and exempt from violations and or penalties.

C. Government events, sponsored events, and public works projects.

D. Utility Company projects, repairs and work.

E. Special events and community events approved by the City.

F. Religious institutions and religious related activities and events approved by the City.

G. Public Schools and school related activities and events.

H. Railroad operations and locomotives, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations.

I. Collection of refuse by City contracted waste hauler.

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J. Traditional residential yard landscaping maintenance activities (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing and similar activities) that occur between 7:00 a.m. and 8:00 p.m.

K. Traditional residential automotive repair activities (i.e., oil changes, brake jobs, minor automotive body or fender or other work on metal objects and metal parts) that occur between 7:00 a.m. and 8:00 p.m.

L. Testing and operation during a power outage of backup generators on residential and commercial properties that adhere to applicable zoning and building setbacks.

M. Air conditioning units and pool equipment on residential properties that adhere to applicable zoning and building setbacks.”
“8.108.050 Special activities.

In addition to the exemptions provided for in Section 8.108.030, the following activities shall be exempted from the provisions of this Chapter:

A. City or school approved activities conducted on public parks, public playgrounds and public or private school grounds including but not limited to athletic and school entertainment events between the hours of 7:00 a.m. and 11:00 p.m.

B. Noises produced by mechanical devices, apparatus or equipment used, related to, or connected with emergency machinery, vehicles, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes in any hour of its being activated.

C. All devices, apparatus or equipment associated with agricultural operations provided as follows:

1. Operations shall not take place between 5:00 p.m. and 7:00 a.m.

2. Such operations and equipment are utilized for protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.

3. Such operations and equipment associated with agricultural pest control through pesticide application provided the application is made in accordance with permits issued or regulations enforced by the California Department of Agriculture.

D. Noise associated with the maintenance of real property shall not take place between the hours of sunset and 7:00 a.m. on weekdays, and between the hours of sunset and 9:00 a.m. on weekends.”
“8.108.060 Construction Activities.

Construction activities shall only occur between 7:00 a.m. and 5:00 p.m. on weekdays and between 9:00 a.m. and 5:00 p.m. on weekends. No construction is permitted on New Year’s Day, Thanksgiving Day, and Christmas Day. The Building Official may, in their reasonable discretion, extend or limit such hours for any construction.”

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“8.108.070 Prohibited Noise.

1. The following noises are prohibited and declared to be nuisances between the hours of 10:00 p.m. and 7:00 a.m. shall include but not be limited to the following, unless otherwise states in a conditional use permit or site and architectural review permit:

A. Peddlers Use of Loud Noise to Advertise Goods. No peddler or mobile vendor or any person on their behalf shall shout, cry out or use any device or instrument to make sounds for the purpose of advertising in such a manner as to create a noise disturbance.

B. Animal Noises. No person owning or having the charge, care, custody or control of any dog or other animal or fowl shall allow the same to howl, bark, yelp or make other noises in such a manner as to create a noise disturbance.

C. Loud and Boisterous Yelling, Shouting, Whistling or Singing. No person shall yell, shout, whistle or sing in a loud and boisterous manner on the public streets so as to disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence or neighborhood.

D. Radios, Television Sets, Musical Instruments, Phonographs and Similar Devices. No person shall use, operate or permit to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet or comfort of neighboring persons, or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or other enclosure in which such machine or device is operated, and who are voluntary listeners thereto.

E. Sounding of Whistles, Horns, Bells, or Other Such Devices. No person shall make or cause to be made the loud, sudden and unnecessary blowing of whistles, sounding of horns, ringing of bells or use of signaling devices by operators of railroad locomotives, motor trucks and other transportation equipment.

F. Loading or Unloading of Trucks. No person shall create or cause to be created loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles, so as to disturb the peace and quiet of adjacent residential neighborhoods.

G. Operation of Equipment. The operation or use of any pile driver, steam shovel, pneumatic hammers, derrick, steam or electric hoist, power driven saw, forklifts, milling equipment, other tools or apparatus the use of which is attended by loud and excessive noise, or the movement of tractors, tractor trucks, or large trucks on property adjacent to residences is prohibited.

2. The following noises are prohibited and declared to be nuisances between the hours of 8:00 p.m. and 8:00 a.m. shall include but not be limited to the following, unless otherwise states in a conditional use permit or site and architectural review permit:

A. Nonresidential Maintenance Activities. Nonresidential maintenance activities in landscape and parking areas (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing) in a manner that would cause a noise disturbance to a residential zoning district.

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B. Nonresidential Automotive Repair Works. No person shall do automotive repair, automotive body or fender or other work on metal objects and metal parts.” “8.108.080 Noise Performance Standards
A. Normally Acceptable. Specified land use activities that are satisfactory, based upon the assumption that any land use or building involved are of ordinary performance standards.

B. Conditionally Acceptable. Activities or Actions shall be undertaken only after a detailed analysis of the noise reduction (muffling) requirements is made and noise reduction insulation features are included as a preventive measure.

C. Normally Unacceptable. Noise levels exceeding the following ranges shall generally be discouraged. If new activities or actions proceed, a detailed analysis of the noise reduction requirements must be made and necessary noise insulation features included in the design.

D. Clearly Unacceptable. Activities shall not be undertaken or permitted.

Table 8.108.080 Performance Standards
Land Use Category and
Similar Activities
Maximum Community
Noise Exposure Levels
Ldn or CNEL, dBa
Normally Acceptable <65
Conditionally Acceptable 66 - 75
Normally Unacceptable 76 - 90
Residential
Clearly Unacceptable 91 or more
Normally Acceptable <60
Conditionally Acceptable 61 - 65
Normally Unacceptable 66 - 75
Residential (Evening)*
11:00p.m. – 7:00 a.m.

Clearly Unacceptable 76 or more
Normally Acceptable <75
Conditionally Acceptable 76 - 80
Normally Unacceptable 81- 90
Retail, Office Buildings,
Business Commercial and
Professional, Hotel
Clearly Unacceptable 91 or more
Normally Acceptable <85
Conditionally Acceptable 86 - 90
Normally Unacceptable 91 or more
Industrial, Manufacturing
Utilities, Agriculture
Clearly Unacceptable 100 or more
Normally Acceptable <70
Conditionally Acceptable 76 - 80
Normally Unacceptable 81- 85
Playgrounds, Neighborhood
Parks
Clearly Unacceptable 86 or more
“
“8.108.090 Mixed Use Development.

Where a new development proposal includes a mix of residential and nonresidential uses within the same project, the normally acceptable noise standard for the residential component of

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the project may be increased by five decibels when the noise exceeds the standards established by the performance standards.”
“8.108.100 Infill Single-Family Residential Development.

Where a new development proposal includes an infill single-family residential use, the normally acceptable noise standard for the proposal may be increased by five decibels when the noise exceeds the standards established by the performance standards.” “8.108.110 Noise Level Measurement Criteria.

A. Any noise level measurement, made pursuant to the provisions of this chapter, shall be determined by using a sound level meter that meets the minimum requirements of the American National Standard Institute for sound level meters, or by using an equivalent instrument with associated recording and analyzing equipment that provides equivalent data.

B. Noise readings shall be taken at the receptor's/generator's property line and the receptor's building setbacks to verify noise levels as categorized in Section 8.108.060 of this chapter.

C. Irrespective of whether the noise originates within the City or outside the City, the standard that may be considered in determining whether excessive noise exists in violation of the provision of Section 8.108.020 may include, but not be limited to, the following:

1. Whether the noise can be heard over 100 feet from the property line where the source of the noise is located;

2. The level of the noise;

3. Whether the nature of the noise is usual or unusual;

4. Whether the origin of the noise of natural or unnatural;

5. The level and intensity of the background noise, if any;

6. The proximity of the noise to residential sleeping facilities;

7. The nature and zoning of the area within which the noise emanates;

8. The density of the inhabitation of the area within which the noise emanates or is heard in;

9. The time of the day and night the noise occurs;

10. The duration of the noise, including whether it is of a temporary or short-term nature;

11. Whether the noise is recurrent, intermittent, or constant;

12. Whether the noise is produced by a commercial or noncommercial activity;

13. Whether the noise produces vibrations that are felt or heard; and

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14. Whether the noise level exceeds any noise level as specified in Section 8.108.060.

D. These factors shall be considered in addition to the noise levels set forth in Section 8.108.060 in determining a violation. Noises do not necessarily need to exceed those noise level limits to be considered unnecessary, or unusual so as to cause hearing loss, speech interference, sleep interference, physiological responses, or annoyance to persons in the area. This shall be determined by the city manager, or their designee on a case by case basis.” “8.108.120 Penalty for Violation.

Violations of this Chapter shall be enforced and be punishable as set forth in Chapter 1.16 (General penalties) of the Grand Terrace Municipal Code.” “8.108.130 Penalty for Public Nuisance
Any violation of this chapter is a public nuisance and may be abated in accordance with law pursuant to Chapter 8.04 of this code.”
SECTION 9. Section 8.112.010 “Dates and Hours of Sale and Discharge” Of Chapter

8.112 – FIREWORKS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“8.112.010 Dates and Hours of Sale and Discharge.

Safe and sane fireworks as defined by Section 12529 of the California Health and Safety Code may be sold within the City during the period of June 28th through July 4th, 12:00 noon to 9:00 p.m. by persons possessing an appropriate permit pursuant to Section 8.112.020. The selling of fireworks without a permit is prohibited. Safe and sane fireworks may be discharged solely on July 4th, between the hours of 12:00 noon to 10:00 p.m.” SECTION 10. Sections 9.05.010 “Definitions” and 9.05.020 “Selling Food or Merchandise – Operational Requirements in Chapter 9.05 – VENDING ON CITY SIDEWALKS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“9.05.010 Definitions.

As used in this Chapter:

A. "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

B. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

C. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

D. “Sidewalk vendor security camera” means a surveillance camera installed on a sidewalk vendor's cart, table, persons, or other equipment, used to monitor their selling area and potentially deter crime or provide evidence in case of theft or harassment while they are working.”

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“9.05.020 Selling food or merchandise—Operational requirements.

A. No sidewalk vendor shall operate without a permit pursuant to Chapter 5.64, a valid business license pursuant to Chapter 5.04 of this Code, and if selling food, a valid health permit issued by the County of San Bernardino.

B. All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.

C. It shall be prohibited for any sidewalk vendor to operate under any of the following conditions:

1. Vend in a residential zone between the hours of 6:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. of the following day, Monday through Saturday, inclusive, and all day on Sundays and federal holidays, for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of said premises;

2. Leave any stand unattended;

3. Store, park, or leave any stand overnight on any public street, sidewalk, or park;

4. Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;

5. Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;

6. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand;

7. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;

8. Solicit or conduct business with persons in motor vehicles;

9. Sell anything other than that which he or she is licensed to vend;

10. Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;

11. Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;

12. Operate within 15 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;

13. Operate in a manner that does not maintain four feet of clear space on a public sidewalk;

14. Operate on any street that does not have a public sidewalk;

15. Operate a stationary vending cart in exclusively residential zones;

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16. Operate a stationary sidewalk vending cart in any City park if the City or operator of the City park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire;

17. Operate within 50 feet of an abutting residential zone within a City park;

18. Operate a sidewalk vending cart within a parking lot within a City park;

19. Operate a sidewalk vending cart within 1,000 feet from any public or private school property, during school hours or one hour before or after school hours;

20. Operate a sidewalk vending cart within 500 feet of a certified farmers' market, or swap meet during the operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article;

21. Operate within the 500 feet of an area designated for a temporary special permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit are also provided to sidewalk vendors. For purposes of this paragraph, a "temporary special permit" is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit;

22. Operate in violation of any other generally applicable law; and

23. Operate without a sidewalk vendor security camera installed on a sidewalk vendor's cart, table, persons, or other equipment. The vendor must be able to provide security camera video upon request by City Officials. The vendor shall maintain storage of at minimum one week of the most current security camera video.

D. No advertising shall be permitted, except to identify the name of the food or merchandise sold or the name of the vendor and the posting of prices. Any such sign shall be a maximum of four square feet and not exceeding a height of five feet.” SECTION 11. Section 10.16.021 “Restriction of Commercial Vehicles in Front Yards, Paved Driveways and Side Yards of Residential Areas” of Chapter 10.16 – STORAGE OF VEHICLES – INTERSECTION OBSTRUCTION of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“The parking and/or storage of the following commercial vehicles in the front yards, front yard paved area, driveway, or side yards when these are visible from the street shall be prohibited in all residentially zoned areas (refer to graphic display):

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EXAMPLES
* These trailers (nonmotorized vehicles) are already prohibited from being stored on residential front yards per Zoning Code Section 18.73.200.

A. Large commercial trucks above seven feet in height, above twenty-two feet in length.

Refer to graphic illustration from State Vehicle Code;
B. Three or more axle trucks;
C. Tow trucks;
D. Concrete mixer trucks;
E. Flatbed trucks;
F. Tractor/cabs only;
G. Tank vehicles (i.e., water, oil, liquids);
H. Big rigs and their trailers;
I. Farm-related vehicles;
J. Delivery trucks/vans (i.e., ice cream, materials, goods and services); [3] K. White (or colored) panel or box trucks (i.e., goods, produce, bread etc.).*

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Footnotes:
--- (3) ---
These two types are not considered commercial vehicles per the State Vehicle Code unless carrying hazardous materials. However, when used for commercial purposes, State DMV requires a commercial driver's license.”
SECTION 13. Section 12.32.140 “Park Hours” of Chapter 12.32 – CONDUCT ON PUBLIC PROPERTY PARKS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“12.32.140 Park hours.

As a general rule, parks shall be open to the public every day of the year between the hours of 7:00 a.m. and sunset. However, the City Manager may, in their reasonable discretion, extend or limit such hours for any park or portion of any park. No person shall enter, be or remain in any park during the time when such park is closed unless they have obtained a permit therefor from the City Manager or their designee. Park closing hours shall be posted at park entrances.” SECTION 14. Section 12.56.070 “Design and Development Standards” of Chapter 12.56 – WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“12.56.070 Design and development standards.

A. SWF design and development standards. SWFs are subject to those design and development standards and conditions of approval set forth in the SWF Regulations. The City's grant of a WTFP for a SWF does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.

B. Eligible facilities request design and development standards. Approved eligible facilities requests for which the findings set forth in Section 12.56.060 have been made are subject to the following conditions, unless modified by the approving authority:

1. WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit and all such conditions that were applicable to the facility prior to approval of the subject eligible facility request.

2. No permit term extension. The City's grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall have the same term as the underlying permit or other regulatory approval for the subject tower or base station.

3. No waiver of standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.

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C. Major WTFP design and development standards. All wireless telecommunications facilities subject to a Major WTFP that are located within the PROW shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards:

1. General guidelines.
a. The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties and public views, all in a manner that achieves compatibility with the community and in compliance with this Code. b. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. c. Wireless telecommunications facilities shall be located consistent with Section

12.56.080 (Location restrictions) unless an exception is granted.

2. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

3. Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area, infrastructure and structures.

4. Equipment. The applicant shall use the least visible equipment for the provision of wireless telecommunications services that is technically feasible. Antenna elements shall be flush mounted, to the extent feasible, with all cables and wires out of public view and, to the extent feasible, concealed inside the structure, pole, etc. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this Section, antennas shall be situated as close to the ground as technically feasible.

5. Support structures.
a. Pole-mounted only. Only pole-mounted antennas (excepting wooden poles per Subparagraph 5.b. below) shall be permitted in the public right-of-way. Mountings to all other forms of support structure in the public right-of-way are prohibited unless an exception pursuant to Section 12.56.080 is granted.
b. Utility poles. Wireless telecommunications facilities shall not be located on wooden poles unless an exception pursuant to Section 12.56.080 is granted. The maximum height of any antenna shall not exceed 48 inches above the height of any existing utility pole within 100 feet of the proposed facility an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface. All installations on utility poles shall fully comply with the

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California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.
c. Light poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole located within 100 feet of the proposed facility. Any portion of the antenna or equipment mounted on a pole shall be no less than 16½ feet above any drivable road surface.
d. Replacement poles. If an applicant proposes to replace a pole that is an eligible support structure to accommodate the proposed facility, the replacement pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four cubic feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or regulations. g. An exception pursuant to Section 12.56.080 shall be required to erect any new support structure (non-eligible support structure) that is not the replacement of an existing eligible support structure.
h. As applicable to all new support structures (non-eligible support structures), regardless of location, the following requirements shall apply:
(i) Such new support structure shall be designed to resemble existing support structures of the same type in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing structural designs that are scheduled to be removed and not replaced. (ii) Such new support structures that are not replacement structures shall be located at least 90 feet from any eligible support structure to the extent feasible. (iii) Such new support structures shall not adversely impact scenic views from other structures and/or public areas and shall be located to the extent feasible in an area where there is existing natural or other feature that obscures the view of the new support structure. The applicant shall further employ concealment techniques to blend the new support structure with said features including but not limited to the addition of vegetation if feasible. (iv) A justification analysis shall be submitted for all new support structures that are not replacements to demonstrate why an eligible support facility cannot be utilized and demonstrating the new structure is the least intrusive means possible, including a demonstration that the new structure is designed to be the minimum functional height and width required to support the proposed wireless telecommunications facility.
i. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the support structure and shall be camouflaged or hidden to the fullest extent feasible. For all support structures wherein interior installation is

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infeasible, conduit and cables attached to the exterior shall be mounted flush thereto and painted to match the structure.

6. Space. Each facility shall be designed to occupy the least amount of space in the right-ofway that is technically feasible.

7. Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

8. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or cause safety hazards to pedestrians and motorists.

9. Public facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

10. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.

11. Accessory equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below:
a. Unless City staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception pursuant to Section 12.56.080 shall be required in order to place accessory equipment aboveground and concealed with natural or manmade features to the maximum extent possible.
b. When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of ten square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be located within the structure. Also, while polemounted equipment is generally the least favored installation, should pole-mounted equipment be sought, it shall be installed as required in this Chapter. c. Structures shall maintain clear sight triangles at all intersections. d. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of the street with no homes.

12. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility.

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13. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.

14. Lighting.
a. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. b. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles. c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.
d. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.
e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required.

15. Noise.
a. Backup generators shall operate during periods of power outages and during testing and maintenance procedures. Backup generators shall not be operated for testing and maintenance on weekends, holidays, or weekdays between the hours of 8:00 a.m. and sunset. The City Engineer may, in their reasonable discretion, extend or limit such hours for testing and maintenance of backup generators in the public right-of-way. b. At no time shall equipment noise from any facility exceed the noise levels permitted by Chapter 8.28 of this Code.

16. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Public Works Director or the approving City body, as applicable, may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.

17. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment

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that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

18. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City.

19. Conditions of approval. All Major WTFPs shall be subject to such conditions of approval as reasonably imposed by the Public Works Director or the approving City body, as applicable, as well as any modification of the conditions of approval deemed necessary by the Public Works Director or the approving City body.” SECTION 15. Section 15.56.130 “Irrigation Scheduling” of Chapter 15.56 – WATER EFFICIENT LANDSCAPE of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“15.56.130 Irrigation Scheduling.

A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.

Irrigation schedules shall meet the following criteria:

1. Irrigation scheduling shall be regulated by automatic irrigation controllers.

2. Overhead irrigation for residential and commercial land shall be regularly scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. Overhead irrigation of agricultural property in an Agricultural Overlay requires a Conditional Use Permit to establish scheduled hours. An overhead irrigation system means irrigation systems that deliver water through the air by applying irrigation water which is comparable to rainfall. Water is spread through a system of pipes generally by pumping, or pressurized municipal water supplies. It is then sprinkled into the air and covering an entire soil surface through spray heads so that it breaks up into small water drops which fall to the ground.

3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use.

Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.

4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
a. The plant establishment period;

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b. The established landscape; and
c. Temporarily irrigated areas.

B. Each irrigation schedule shall consider for each station all of the following that apply:

1. Irrigation interval (days between irrigation);

2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);

3. Number of cycle starts required for each irrigation event to avoid runoff;

4. Amount of applied water scheduled to be applied on a monthly basis;

5. Application rate setting;

6. Root depth setting;

7. Plant type setting;

8. Soil type;

9. Slope factor setting;

10. Shade factor setting; and

11. Irrigation uniformity or efficiency setting.”
SECTION 16. Section 18.10.040 “Site Development Standards” of Chapter 18.10 – RESIDENTIAL DISTRICTS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.10.040 Site Development Standards.

The site development standards established for each residential district are as shown in Table 18.10.040.

TABLE 18.10.040

SITE DEVELOPMENT STANDARDS
Development Issue RH R1-20 R1-10 R1-

7.2 R2 R3 R3-S R3-20 R3-24
Area (Minimum square feet) _
a 20,000 10,000 7,200 10,000 12,000 g 12,000 12,000
Width (Minimum linear feet)
* Interior Lot _a 100 60 60 60 60 g 60 60
* Corner Lot _a 100 70 70 70 70 70 70
Lot Depth (Minimum linear feet) _
a 150 100 100 100 100 g 100 100
Street Frontage (Minimum linear
feet)
_
a 50 40 40 40 40 g 40 40
Setbacks (Minimum linear feet)
•Front Yard _
a 25b 25b 25b 25b 25b 25b 25b

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•Rear Yard _
a 35b 35b 20b 20b 20b 20b 20b
•Side Yard
- Interior Lot g
With Garage _
a 10b 10b 10b 10b 10b 10b 10b
Without Garage _
a 5b 5b 5b 5b 10b 10b 10b
- Corner Lot
Street side _
a 15b 15b 15b 15b 15b 15b 15b
No Street side _
a 5 5 5 5 10 10 10
Density (Allowable dwelling units per
acre)
_
a 1-2 1-4 1-5 1-9 1-12c Max.
20 13-20c 20-24c
Living Area (Minimum square feet)
* Single Family _a 1,350d 1,350d 1,350d 1,350d 1,350d
* Duplex, Triplex, Four-plex and
Multiple Family
- One (1) Bedroom - - - - 675d 675d
- Two (2) Bedroom - - - -
850d 850d
Three (3) Bedroom 1,025d 1,025d
For each additional bedroom 175d 175d
Height (Maximum linear feet) _
a 35e 35e 35e 35e 35e g 35e 35e
Lot Coverage (Maximum percent) _
a 40 50 50 60f 60 g 60 60
Distance Between Buildings
(Minimum linear feet)
_
a 5 5 5 20 20 g 20 20
Footnotes:
a. A specific plan shall be required for all proposed projects (including tentative parcel or tract maps) which include any property located within this district, except that a specific plan shall not be required for existing parcels that are one acre or less in size, are readily served by existing infrastructure, have public access, and fire services can be readily provided. Such specific plan shall establish site development standards on a project by project basis in consideration of the existing topography and other physical constraints.

The specific plan shall not create a density greater than one dwelling unit per gross acre and shall be consistent with the city's general plan. The specific plan may consider a clustered development concept in order to preserve large areas of open space and minimize the project's impact on the physical environment. b. The following exceptions apply to front, rear and side yard requirements as noted:

1. The minimum side and rear yard setback for a patio cover shall be five feet.

2. The minimum rear yard setback for an accessory structure shall be ten feet.

3. Slopes exceeding five percent shall be permitted no closer to a residential structure than a distance equal to the required side and rear yard setbacks. In the R1-10 district and the R1-20 district, the thirty-five foot rear yard setback may include ten feet of slope that is greater than five percent.

4. In the case of a parcel or tract map, the twenty-five foot front yard setback requirement may range from twenty-two feet to twenty-eight feet, with an average of twenty-five feet for all proposed lots.

5. In the case where an existing legal nonconforming structure is located within a required setback area, the legal nonconforming structure may be enlarged within the required setback area subject to the following conditions:
a. The proposed addition does not further reduce the depth of the existing setback area; and
b. The proposed addition is located no closer than five feet from any property line.

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c. A density bonus shall be permitted in accordance with the California Government Code and this Title.
d. For the purposes of this chapter, the following term shall be defined as follows:
"Living area" means the enclosed area of a residential dwelling unit, excluding porches, patios, carports, garages, storage areas or auxiliary rooms. e. Accessory structures shall not exceed twenty feet in height, with exceptions as listed in Section 18.73.090 of this title.
f. Not more than the permitted percent of the total parcel may be devoted to main and accessory structures, parking areas, driveways and covered patios. The remaining percent of the total parcel shall be devoted to open areas such as landscaping, lawn, outdoor recreational facilities, incidental to residential development, including swimming pools, tennis courts, putting greens, uncovered patios and walkways. Said open areas shall consist of not less than two hundred square feet of open space per dwelling unit. g. Senior citizen housing's development standards will be established through the specific plan process. All senior citizens housing projects in the R3-S zone will require specific plan process; however, in no circumstance shall the density exceed twenty unit/acre.” SECTION 17. Section 18.53.020 “Table 15.53.020 Agricultural Overlay Standards” of Chapter 18.53 – AG AGRICULTURAL OVERLAY DISTRICT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“Table 18.53.020: Agricultural Overlay Standards
“TABLE 18.53.020
Agricultural Overlay Standards
Type of
Animal or
Use
Minimum Site
Area per
Animal or Use
(square feet)
Maximum
Number of
Animals
Permitted Use (P) or
Conditionally Permitted
Use (C)
Each horse, mule,
donkey or ponya
10,000 6 P
Each large animal other
than a horse, mule,
donkey or ponya
20,000 3 C
Each small
animal;sup\sup;
4,000 12c P
Each 5 birds or rodents 4,000 25 P
Exotic or wild animals 20,000 3 C
Horticultural crops or
tree farming
20,000 NA P
Overhead irrigation
schedule for orchards,
groves, nurseries, field
crops, tree crops, berry
crops, bush crops, truck
gardening and
commercial flower
growing.

NA NA C
Footnotes:

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a. A pony, defined as any horse measuring 14 hands and two inches or less in height at the withers, may be kept in addition to the keeping of two horses on a 20,000 square foot parcel.
b. A "small animal" shall be defined as an animal weighing less than 250 pounds. c. No more than one male goat shall be permitted.”
SECTION 18. Section 18.56.030 “Conditionally Permitted Uses” of Chapter 18.56 – AG-2 AGRICULTURAL 2 OVERLAY DISTRICT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.56.030 Conditionally Permitted Uses.

Uses permitted in the AG-2 overlay district with a conditional use permit are as follows:

A. Animal keeping and boarding. All animals, excepting household pets, shall be kept at a minimum distance of 70 feet from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings. The combined total number of animals kept on any one site shall not exceed the maximum number and combination of animals allowable as identified in Table

18.56.030.

B. Apiaries, provided that no hives or boxes housing bees are kept closer than 200 feet from any dwelling other than that occupied by the property owner.

C. Orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing, including the drying, packing, canning, freezing, or other acceptable methods of processing of fruits, nuts, vegetables and other horticultural products where such processing is primarily in conjunction with a farming operation and the structures used for such processing are located at least 20 feet from the property line.

D. Sale of fruit, vegetables, produce and flowers and other similar products grown on the property; provided, however, that roadside stands used for such sales shall not exceed 250 square feet.

E. Riding stables and academies; provided that the minimum lot size for such uses shall be not less than five acres, and that all buildings for the housing, feeding, or rental of such animals shall be at least 100 feet from any property line, and 500 feet from any residential zone, church, school, park or hospital.

F. Sheep grazing only for the purpose of clearing unharvested crops or stubble, with no limit on the number of animals, for a period not exceeding 30 days in any six-month period.

Special application for such temporary grazing shall be made in writing, and approved by the Planning Director prior to commencement.

G. Single-family residences, provided that such use is ancillary to a commercial agricultural use, and that residential uses and structures, including accessory residential uses and structures, do not occupy more than 25 percent of the site area.

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H. Accessory structures and uses. Private garages used by persons residing on the premises, cabanas, laundry rooms, workshops, stables, barns, tack rooms, pens, corrals, and similar animal keeping/agricultural structures, provided these structures shall not be used as a habitable dwelling or space, as defined by the adopted Uniform Building Code.

Approval shall be through a minor conditional use permit review.

I. Other uses which are determined by the City Council to be similar in nature to a use listed in this Section.

J. Overhead irrigation schedule for orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing.” SECTION 19. Section 18.64.040 “Sustainable Design” of Chapter 18.64 – OBJECTIVE DESIGN STANDARDS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.64.040 Sustainable Design.

A. LEED Certification Requirement. For the purposes of this Chapter, all multifamily residential buildings and sites and mixed-use buildings and sites with a residential use with more than ten (10) dwelling units shall demonstrate that the application qualifies for the most current version of "LEED Certification," as one of the four different levels of LEED certification – Platinum, Gold, Silver, and Certified, or an equivalent standard as defined by the Leadership in Energy and Environmental Design (LEED) of the United States Green Building Council (GBCI). Plans and/or supplemental specifications shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/checklists as established by the Director.

B. DOE ZERH Certification Requirement. For the purposes of this Chapter, all multifamily residential buildings and sites and mixed-use buildings and sites with a residential use of ten (10) dwelling units or less shall demonstrate that the application qualifies for the most current version of the Department of Energy (DOE) Zero Energy Ready Home Program (ZERH) Requirement. All Zero Energy Ready dwelling units must be certified by a thirdparty verifier per the DOE-Recognized ZERH Certification Organizations.

C. Water Efficient Landscape Requirement. For the purposes of this Chapter, all multifamily residential development and mixed-use development with a residential use shall demonstrate that the application is in compliance with all applicable requirements by the Riverside Highland Water Company and compliance with the City's Water Efficient Landscape regulations in Chapter 15.56. The landscaping application shall demonstrate conformance with the latest Model Water Efficient Landscape Ordinance (MWELO) guidelines by the California Department of Water Resources. Plans and/or supplemental specifications shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/ checklists established by the Director.” SECTION 20. Sections 18.80.050 “Signs on Public Property” and 18.80.130 “General Provisions” of Chapter 18.80 – SIGNS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:

Ordinance No. ___

“18.80.050 Signs on public property.

A. General Prohibition. Except as provided for in this Section, no signs may be displayed on City property by private parties. Any sign posted on City property in violation of this Section may be summarily removed by the City.

B. The following signs are exempt from the provisions of this sign code:

1. Traffic control and traffic directional signs erected by the City or another governmental unit.

2. Official notices required or authorized by law.

3. Signs placed by any governmental agency, utility or special district, in furtherance of these entities' official functions.

C. Human Advertisements. All human advertisement is prohibited on public property in the City.

D. Exception: Temporary Off-Site Commercial Signs.

1. The following temporary signs may be placed in the public right-of-way, subject to a sign permit: Signs for any business that provides goods or services that meet one or more of the following criteria: (1) the business is of a transitory or temporary nature; (2) the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location.

2. Before a business may place its signs in the public right-of-way pursuant to this Section, the director must make a finding, in accordance with the procedures in Subsection 18.8.050.E, that a particular type of business satisfies the criteria in Subsection 18.80.050.D.

3. Without a prior finding by the Director, temporary signs for the following goods and services are deemed to satisfy the criteria for the exception in Subsection D.1, above:
a. Real estate directional signs, directing to properties that are for sale or for rent within the City limits.
b. Yard sale directional signs, including garage sales and estate sales, directing where such sales are to occur.

4. Temporary signs in the public right-of-way are subject to all of the following limitations:
a. Signs shall be temporary signs, and will not be permanently affixed to or in the public right-of-way, but may be anchored or weighed down to or in the public right-of-way to prevent them from falling or being blown into the street or sidewalk.

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b. Temporary signs displayed under this Section shall only be placed in landscaped parkways, and shall not be placed on the sidewalk or in the center street median.
c. No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, street trees or fences.
d. No more than 25 signs per licensed entity may be temporarily placed in the public right-of-way at any one time.
e. The sign area shall be no larger four square feet.
f. All signs shall not exceed three feet in height, measured from the highest street grade in contact with the sign to the top of the sign. g. No signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.
h. No signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.
i. No signs shall be placed so as to obstruct ingress and egress to any public or private property.
j. Temporary signs displayed under this Section shall only be placed on the public right-of-way Thursday through Sunday during the hours of 7:00 a.m. to 11:00 p.m.
k. Temporary signs in the public right-of-way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts or be caused to be moved, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke. l. Any other reasonable restrictions, or modifications to the above restrictions, which the Director finds are necessary to further the purposes of this Code, consistent with the type of sign or business.

E. Exception and Appeal.

1. The Director must make the determination of whether a business falls within the exception in Subsection 18.80.050.D within five business days of receipt of a written request by the sign's owner for such determination. The Director shall notify the applicant of his or her decision forthwith by U.S. Mail.

2. In the event that the Director denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the Director's decision in writing to the City Manager, who shall review all relevant evidence relating to the appeal. The City Manager shall make a determination within five business days of

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receipt of the appeal. The City Manager shall notify the applicant of the determination forthwith by U.S. Mail.

3. In the event that the City Manager denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the City Manager's decision in accordance with Section 18.80.090, Appeals.” “18.80.130 General Provisions.

This Section describes the provisions applicable to all signs regulated by this Chapter.

Certain types of signs may also be subject to additional provisions.

A. Sign Area Measurement Procedures. Sign area shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. Backing plates shall count as part of the sign area unless they are transparent. In the case of two-sided, multi-sided, or three-dimensional signs, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time.

B. Sign Height Measurement. Sign height shall be measured as the greatest vertical distance measured from the grade at the point the sign supports intersect the ground and any accompanying architectural features of the sign. However, if the sign is constructed upon an artificial berm, the height of the signs, as measured from the toe of slope or berm, shall not exceed 125 percent of the maximum height allowed by this Chapter.

C. Calculation.

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1. For wall signs, the permitted area for any sign shall be calculated based only on the frontage or side of a building on which the sign is located.

2. When more than one business is located in a building, the allowable sign area for each business shall be based upon the length of the lineal building frontage occupied by that business.

E. Construction Requirements. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:

1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.

2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements. The application of graffiti resistant coating is recommended.

3. All freestanding signs that incorporate lighting shall have underground utility service.

4. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed.

E. Clearance from Public Utility Facilities. The person erecting a sign, and the owner of the premises, shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with any rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities.

F. Interference with Motorist Field of Vision.

1. No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs.

2. No sign shall, as determined by the City Engineer, be located so as to create a hazard to the life or property of any person using the public right-of-way.

3. Any required landscaping may be trimmed as needed to provide maximum visibility of the sign or signs.

4. Signs shall not be located within the clear sight triangle.

G. Obstruction of Passage.

Ordinance No. ___

1. No sign shall be constructed so as to obstruct any required exit, including windows, doors, fire escapes or other emergency exit of any building.

2. No sign shall be constructed or located so as to obstruct any sidewalk.

H. Sign Siting.

1. Location of Signs Attached to Buildings. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal parking area of the site. Where the building is within 100 feet of a residential use, any signage facing that residential use shall not be illuminated.

2. Setback and Spacing of Freestanding Signs.
a. Where a setback exists, the minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway.
b. The minimum spacing distance between permanent freestanding signs, excluding on-site directory signs, shall be 50 feet. The director will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear sight triangle and does not otherwise inhibit motorist safety.

I. Maintenance Requirements. Every sign, and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other poorly maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the City.

J. Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance.

K. Electronic Signs. The City finds and declares that a proliferation of electronic display signs throughout the City, and especially located on arterial streets pose a danger to the motoring public because of potential distraction from their change of message, scale, format, and other physical qualities that differentiate them from other sign types.

Therefore, the City through this sign code limits electronic signs to be displayed only in specified areas of freeway corridors, where the impacts on driver safety are minimized. All electronic display signs existing in the City as of the effective date of this Chapter, unless specifically permitted by this Code, are declared legal nonconforming signs and may continue to operate in accordance with Section 18.80.220 (Nonconforming and abandoned signs).

1. The limitation established by this Section shall not apply to manually changeable copy signs or freeway signs.

2. Signs providing information on fuel price and grade and fueling stations, as well as signs displaying time and temperature information shall be exempt from this

Ordinance No. ___

limitation on electronic display signs. Illumination levels shall conform to Subsection 18.80.140.A.3 of this Chapter.”
SECTION 21. Section 18.82.010 “Residential Care Facilities” of Chapter 18.82.010 – STANDARDS FOR SPECIFIED LAND USES of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.82.010 - Residential Care Facilities.

A. Purpose. This Section provides standards for the establishment and operation of residential care facilities.

B. Applicability. The standards in this Chapter apply to residential, group or community care facilities where allowed in compliance with Chapter 18.10 (Residential Zones).

C. Development and Operational Standards.

1. Residential Care Facilities Serving Six or Fewer Persons. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located.

2. Residential Care Facilities Serving Seven or More Persons. a. Applicable Land Use Zoning District Development Standards. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located. b. Additional Application Filing Requirements. The following information shall accompany the conditional use permit application for a residential care facility:
i. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.);
ii. Maximum number of occupants and hours of facility operation; iii. Term of client stay;
iv. Support services to be provided on-site and projected staffing levels; and
v. Rules of conduct and/or management plan.
c. Separation. Residential care facilities shall not be located within 300 feet of another similar facility, except that the separation requirement shall be increased to 1,000 feet, as measured from the nearest outside building walls where the other use is a parolee/probationer or sober living home. d. Walls. Residential care facilities shall provide a six-foot high solid decorative block wall along all property lines, except in the front yard. Walls

Ordinance No. ___

shall provide for safety with controlled points of entry and shall incorporate decorative materials and features.
e. Landscaping. On-site landscaping shall be regularly maintained, including providing irrigation.
f. Outdoor Lighting. Outdoor lighting shall comply with Chapter 18.60 (OffStreet Parking). g. Parking. All garage and driveway spaces associated the facility shall, at all times, be available for the parking of vehicles. The precise number of parking spaces required will be determined by the operating characteristics of the specific proposal.
h. Signs. No commercial identification signs shall be allowed within a residential land use zoning district.
i. Sleeping Areas. No room commonly used for other purposes shall be used as a sleeping room for any resident, visitor, or staff person. This includes any hall, stairway, unfinished attic, garage, storage area, shed or similar detached building.
j. Fire Department Requirements. Each residential care facility shall provide fire extinguishers and smoke detector devices and shall meet all standards established by the Fire Chief.
k. Noise. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and sunset.
l. Applicable Health and Safety Regulations. Residential care facilities shall be operated in compliance with applicable State and local health and safety regulations.
m. Required Permits and Licenses. Residential care facilities shall be in conformance with the California Building Code. A certificate of occupancy shall be obtained from the Building and Safety Division before occupancy of residential care facilities.”
SECTION 22. Based upon the forgoing and all oral and written communications from members of the public and City staff (including, but not limited to, all oral and written staff reports and attachments) presented at the November 21, 2024, and February 27, 2025, Planning Commission Public Hearings; and, the March 25, 2025, April 8, 2025, and May 13, 2025, City Council Public Hearings, the City Council hereby adopts Ordinance No. ___ approving Zoning Code Amendment (ZCA) 24-04, and adopts and finds an environmental exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.

SECTION 23. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase contained approved by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of Grand Terrace hereby declares that it would have passed each

Ordinance No. ___

section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 24. First read at a regular meeting of the City Council held on the 8th day of April 2025 and adopted the Ordinance after the second reading at a regular meeting held on the 13th day of May 2025.

SECTION 25. City staff is hereby authorized and directed to file a Notice of Exemption (NOE) with respect to the adoption of this Ordinance.

SECTION 26. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage.

Ordinance No. ___

Signatures on the following page.

APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the 13th day of May 2025.
__________________________
Mayor Bill Hussey
ATTEST:

Daysi Alcocer
City Clerk
APPROVED AS TO FORM:

Adrian R. Guerra
City Attorney

Ordinance No. ___

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS.

CITY OF GRAND TERRACE )
I Daysi Alcocer, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance was duly passed, approved and adopted by the City Council at a regular meeting of said City Council held on the 13th day of May 2025, and that and that it was adopted by the called vote as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSE:

Executed this 13th day of May 2025, at Grand Terrace, California. ___________________________
Daysi Alcocer
City Clerk

Attachment 2
ZCA 24-04 Redlined Additions and Strikethrough Deletions to the Municipal Code Chapter 5.06 HOME OCCUPATION PERMITS
Sections:
“5.06.013 Home occupations prohibited.

The following home occupations are expressly prohibited in any residential zone:

A. Beauty shops, massage clinics parlors, private clubs, dance studios and dating services;
B. The repair or construction of motor vehicles and appliances, machine shops and cabinet shops;
C. On-premises sales and vending; and
D. Art and music classes.”
“5.06.050 Evaluation and notice.

If tThe community development director or his/her their designee finds that the proposed use shall review a Home Occupation Permit. If it meets the criteria set forth in this chapter, the Home Occupation Permit shall be approved. If it does not meet the criteria set forth in this Chapter, the Home Occupation pPermit request shall be denied. If the proposed use does meet the aforementioned criteria, or they can provide notice shall be given to all owners of contiguous property, seeking their support or opposition to the Home Occupation Permit. The notice shall makeing them contiguous property owners aware of the character and scope of the proposed use Home Occupation Permit and requesting their comments support or opposition to the Home Occupation Permit:

A. "Contiguous property," for the purposes of this Chapter, is defined as those properties which touch property lines of any parcel that is the subject of a request for a home occupation permit, including those properties which touch the property lines of the subject parcel when projected across public or private rights-of-way or easements.

B. Notice shall be given by first class mail or delivery to all contiguous property owners for home occupation permits.

C. Notice may be given in such other manner as is deemed necessary or desirable by the community development director in order to achieve sufficient notice.

D. Notice shall include all necessary information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision-making process.”
“5.06.060 Decision to approve or deny.

Within ten (10) days after receiving a compliant application, the community development director or their designee shall review the initial findings and notify the applicant if they are compliant and approved. Within Ffourteen (14) days after giving notice to contiguous property

owners of an application that does not meet one or more of the criteria listed in this Chapter, the community development director or his/her their designee shall review the initial findings and notify the applicant and contiguous property owners of his/her their decision to approve or deny the Home Occupation Permit.”
Chapter 5.40 GARAGE SALES
Sections:
“5.40.050 Length—Frequency—Hours.

Not more than two garage sales may be conducted by any person or upon a lot or parcel of land during any period of 12 consecutive months. Such garage sale shall not be conducted for longer than three consecutive days. The sale shall not be conducted between the hours of 8:00 p.m. sunset of any one day and 87:00 a.m. of the following day.” Chapter 5.42 INTEGRATED WASTE MANAGEMENT
Sections:
“5.42.160 Frequency of removal.

A. Persons in charge of the day-to-day operation of properties other than commercial food preparation establishments, shall make arrangements to have removed, not less frequently than once a week, from the property upon which the residence or residences are located, all refuse on the premises.

B. Every person in charge of commercial food preparation establishments, shall cause all refuse to be removed from the property not less frequently than twice a week.

C. The City Manager or their designee may specify the frequency of collection of refuse created, produced or brought upon the premises of commercial or multifamily residential premises, and the size and number of bins required.

D. Collection shall be made only between the following hours:

1. For multiple family residential and commercial properties between of 6:00 a.m. and 5:00 p.m. of any day, Monday through Saturday.

2. For single family residential properties between the hours of 6:30 a.m. and 5:00 p.m., Monday through Saturday. Commercial pickup may begin at 5:00 a.m.

Earlier Alternative pickup time hours may be authorized only upon prior written approval of the City Manager or their designee, which shall include requirements for the contractor to notify the affected customers prior to implementing the change.

E. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety or the environment, which may develop in any specific area as a result of solid waste collection, the City Manager or their designee may regulate the routes, intervals, delivery points, and times for collection by all contractors operating within the City.”

Chapter 5.48 MASSAGE PARLORS CLINICS AND MASSAGE TECHNICIANS Sections:
“5.48.010 Definitions.

The following words and phrases, as used in this Chapter, shall have the signification and meaning attached to them in this Section unless otherwise clearly apparent from the context:

A. "Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

B. "Massage clinic parlor" means and includes any massage establishment parlor, or any room, place or institution where massage of the human body is given or administered for consideration of any kind.

C. "Massage technician" means and includes any person who gives, performs or administers to another person a massage as defined in this Section.

D. "Person" means and includes person(s), firms, corporations, associations or any other form of business organization or group.

E. "Recognized school" means and includes any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of massage technician or therapist, which school requires a resident course of study of not less than 200 hours to be given before the student is furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study or learning.

5.48.020 License required.

It is unlawful for any person to practice, engage in or carry on the business or activities of a massage technician or massage clinic parlor within the City without having a license under this Chapter to do so and complying with all regulations and requirements as contained and set forth in this Chapter. It is unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage clinic parlor to employ or permit a person to act as a massage technician, as defined in this Chapter, who is not in possession of a valid unrevoked massage technician license issued by the City.

5.48.030 Exemptions.

This Chapter shall not apply to the following classes of individuals, and no permit shall be required of such persons, while engaged in the performance of the duties of their respective professions:

A. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State;

B. Nurses who are registered as such under the laws of the State; C. Barbers, beauticians and cosmetologists who are duly licensed under the laws of the State;
D. Athletic team or personal athletic trainer;
E. Acupuncturists who are duly certified to practice their profession in the State.

5.48.040 Scope of technician license.

A license to perform massage services as a massage technician does not authorize the operation of a massage clinic parlor. Any person licensed to perform as a massage technician who desires to operate a massage clinic parlor shall separately apply for a license therefor.

5.48.050 Application for license.

A. Any person desiring to obtain a license to operate a massage clinic parlor or engage in massage technician services shall make written application to the City Clerk, who shall refer all such applications to the Chief of Police for an appropriate investigation.

B. Each application for a massage clinic parlor license shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council. Each application for a massage technician license shall be accompanied by a nonrefundable investigative fee as set by resolution of the City Council.

C. An applicant for a license under this Chapter shall submit the following information:

1. Full name and any alias theretofore used or currently used and current address;

2. Fingerprints as may be required by the Chief of Police;

3. The two previous business and residence addresses of the applicant immediately prior to the current address;

4. Written proof that the applicant is over the age of 18 years;

5. Applicant's height, weight and color of eyes and hair;

6. Two current photographs at least two inches by two inches in size;

7. The business, occupation or employment of the applicant for three years immediately preceding the date of the application and the location where the licensed activities will be conducted;

8. Any massage or similar business license history of the applicant, including whether such person, in previous operation, in this or another area, has had his or her license revoked or suspended, the reason therefor, and any business activity or occupation subsequent to the action of suspension or revocation;

9. All convictions and the grounds therefor;

10. A certificate from the environmental health officer designating that the applicant has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease;

11. Applicants for a massage technician license must in addition to the requirements set out above in this Section, furnish a diploma or certificate of graduation from a recognized school or other institution of learning as defined in this Chapter. The Chief of Police shall determine whether this educational requirement has been met.

5.48.060 Issuance of license.

Upon payment of all fees, submitting all information required by the application and upon proper inspection and investigation, a license shall be issued to applicants therefor by the City Clerk only if all requirements of this Chapter and all other applicable laws are met, and such compliance is reported to the City Clerk by the Chief of Police pursuant to his investigation under this Chapter. A license shall also be denied upon a showing of any of the matters set forth in California Government Code Section 51032.

5.48.070 Appeal of license denial.

Any person denied a license pursuant to this Chapter may appeal to the City Council in writing, stating reasons why the permit should be granted. The City Council may grant or deny the permit. The council may also review any determination of the Clerk granting or denying a permit on its own motion. Any appeal must be made within ten days of denial of a license. The decision of the City Council on any appeal shall be final.

5.48.080 Nontransferability.

All licenses issued under this Chapter are nontransferable, both as to location and the person holding a license. Every person to whom a license has been granted shall display the license in a conspicuous place where the licensed activities are performed or conducted.

5.48.090 Term—Renewal.

Every license issued under this Chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to the termination pursuant to Section 5.48.140. Any renewal of a license issued under this Chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this Chapter for an original license.

5.48.100 Required facilities and practices.

No license to conduct a massage clinic parlor shall be issued unless an inspection by the Chief of Police discloses that the massage clinic parlor premises and operation will at all times comply with each of the following minimum requirement:

A. A readable sign shall be posted at the main entrance identifying the establishment as a massage clinic parlor, provided, also, that all such signs shall otherwise comply with the sign requirements of City ordinances.

B. Minimum lighting shall be provided in accordance with the Uniform Building Code and, additionally, at least one artificial light of not less than 40 watts shall be provided and used at all times in each enclosed room or booth where massage services are being rendered.

C. Minimum ventilation shall be provided in accordance with the Uniform Building Code.

D. Adequate equipment for disinfecting and sterilizing any instruments used for massage shall be provided.

E. Hot and cold running water shall be provided.

F. Closed cabinets shall be utilized for the storage of clean linen.

G. Adequate dressing and toilet facilities shall be provided for patrons.

H. All walls, ceilings, floors, steam or vapor rooms, and all other physical facilities for the massage clinic parlor shall be kept in good repair, maintained in a clean and sanitary condition.

I. Clean and sanitary towels and linens shall be provided for patrons receiving massage services. No common use of towels or linens shall be permitted.

J. The premises to be used shall at all times be in compliance with applicable laws.

5.48.110 Hours of operation—Food or beverages.

No massage clinic parlor shall be open between the hours of ten 11:00 p.m. and seven 7 a.m. Massage clinics parlors shall not serve food or beverages on the premises of the massage clinic parlor.”

5.48.120 Bodily exposure or contact.

No massage technician or massage clinic parlor owner or employee may expose his or her genitals, buttocks or, in the case of a female, her breast(s), nor in the course of administering a massage, make intentional contact with the genitals or anus of any other person.

5.48.130 Records of treatments.

Every person, association, firm or corporation operating a massage clinic parlor under a license as provided in this Chapter shall keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the technician administering such treatment.

The records shall be maintained for a period of two years. The records shall be open to inspection by officials charged with the enforcement of these provisions for the purposes of law enforcement and for other purposes related to this Chapter.

5.48.140 Revocation of license.

A. No license issued under this Chapter shall be revoked until notice and a hearing has been held before the City Council to determine just cause for revocation. Notice of such hearing

shall be given in writing and served at least ten days prior to the date of the hearing thereon.

The notice shall state the grounds of the complaint against the holder of such license, and shall designate the time and place where such hearing will be held.

B. The notice shall be served upon the license holder by delivering the same personally or by leaving such notice at the place of business or residence of the license holder in the custody of a person over the age of eighteen years. In the event the license holder cannot be found, and the service of such notice cannot be otherwise made in the manner provided in this Chapter, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his or her place of business or residence at least ten days prior to the date of such hearing. The decision of the City Council in a revocation appeal shall be final.

C. A license issued under this Chapter may be revoked upon one or more of the following grounds:

1. That the holder practiced fraud or deceit in being licensed under this Chapter;

2. That the holder violated a provision or provisions of this Chapter;

3. That the holder has been convicted in a court of competent jurisdiction of a felony or a crime of moral turpitude. The conviction of a felony shall be the conviction of an offense which, if committed within this state, would constitute a felony under the laws thereof;

4. That the facilities and operations of the massage clinic parlor are not kept in compliance with this Chapter as set forth in Section 5.48.110;

5. That the holder has employed, allowed or permitted an unlicensed person to perform massage in the holder's massage clinic parlor;

6. That the holder or the holder's employees have violated state or local laws in conducting activities licensed and regulated by this Chapter.

5.48.150 Abatement as nuisance.

Any massage clinic parlor operated, conducted or maintained contrary to the provisions of this Chapter shall be and the same is unlawful and a public nuisance and the City attorney may, in addition to or in lieu of prosecuting a criminal action under this Chapter, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or move such massage clinic parlor and restrain and enjoin any person from operating, conducting or maintaining a massage clinic parlor contrary to the provisions of this Chapter.

5.48.160 Enforcement.

The provisions of this Chapter shall be enforced by the chief of police.” “Chapter 8.108 NOISE
Sections:

“8.108.010 Intent.

It is the intent of this Chapter to protect properties within the City and the health and safety of persons from environmental nuisances and hazards and provide a pleasing environment throughout the City by providing an acceptable noise environment for existing and future residents within the city. The city seeks to accomplish this by establishing the following:

A. A community noise standard that specifies acceptable noise limits for various land uses and activities; and
B. Measures to minimize noise impacts from transportation-related noise sources; and C. Measures to minimize noise impacts from non-transportation related noise sources.” “8.108.020 Definitions
"A-weighted sound level (dB(A))" means an A-weighted sound level is the sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The Aweighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human hearing system and provides good correlation with subjective reactions to noise.
"Community noise equivalent level (CNEL)" means the average equivalent A-weighted sound level during a twenty-four-hour day, obtained after the addition of five decibels to sound levels occurring during the evening from seven p.m. to ten p.m. and addition of ten decibels to sound levels occurring during the night from ten p.m. to seven a.m. The five and ten decibel penalties are applied to account for increased noise sensitivity during the evening and nighttime hours. The CNEL is not measured, but is computed.
"Cumulative time period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Day-night average level (Ldn)" means the average equivalent A-weighted sound level during a twenty-four-hour day obtained after the addition of ten decibels to sound levels occurring during the nighttime from ten p.m. to seven a.m. The ten-decibel penalty is applied to account for increased noise sensitivity during the nighttime hours. The Ldn represents the daily energy noise exposure averaged on an annual basis.
"Hearing board" means the board appointed by city council as arbitrators of the Grand Terrace Municipal Code to review and determine violations, nuisances, abatement procedures, and penalties of this chapter.
"Motor-driven vehicle" shall include but is not limited to, any automobile, truck, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road. "Noise" means any sound that exceeds the limitations set herein. "Noise level" means the A-weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A).

"Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
"Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. "Simple tone noise" means a noise characterized by a predominant frequency, or frequencies so that other frequencies cannot be readily distinguished.” “8.108.020030 Loud, annoying, excessive and unnecessary noises prohibited.

A. Notwithstanding any specified noise level, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, unusual, excessive or unreasonable noise that disturbs the peace or quiet of any property neighborhood within the City or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area. in ownership, or control of any premises to knowingly permit a violation of this section upon said premises.

B. Irrespective of whether the noise originates within the City or outside the City, the standard that may be considered in determining whether excessive noise exists may include, but not be limited to, the following:

1. Whether the noise can be heard over 100 feet from the property line where the source of the noise is located;

2. The level of the noise;

3. Whether the nature of the noise is usual or unusual;

4. Whether the origin of the noise of natural or unnatural;

5. The level and intensity of the background noise, if any;

6. The proximity of the noise to residential sleeping facilities;

7. The nature and zoning of the area within which the noise emanates;

8. The density of the inhabitation of the area within which the noise emanates or is heard in;

9. The time of the day and night the noise occurs;

10. The duration of the noise, including whether it is of a temporary or short-term nature;

11. Whether the noise is recurrent, intermittent, or constant;

12. Whether the noise is produced by a commercial or noncommercial activity; and

13. Whether the noise produces vibrations that are felt or heard.

CB. Any law enforcement officer, code enforcement officer, or other employee or official designated by the City Manager who hears excessive noise or sound as defined in this Chapter that is plainly audible, in violation of this Chapter, may enforce this Chapter and shall assess the noise or sound according to the following standards:

1. The primary means of detection shall be by means of the official's normal hearing faculties, not artificially enhanced.

2. The official shall first attempt to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates, then the official shall confirm the source of the sound or noise by approaching the suspected vehicle or real property until the official is able to obtain a direct line of sight and hearing, and confirm the source of the sound or noise that was heard at the place of the original assessment of the sound or noise.

3. The official need not be required to identify words, song titles, artists, or lyrics in order to establish a violation.”
“8.108.030040 Exemptions.

A. There is exempted from the provisions of this Chapter the use of horns, sirens or other signaling or warning devises by persons vested with legal authority to use the same and in pursuit of their lawful duties, such as on ambulances, fire, police and other governmental or official vehicles.

B. Emergency type land uses, emergency response vehicles, and emergency notification measures shall be considered as Normally Acceptable measures and exempt from violations and or penalties.

C. Government events, sponsored events, and public works projects.

D. Utility Company projects, repairs and work.

E. Special events and community events approved by the City.

F. Religious institutions and religious related activities and events approved by the City.

G. Public Schools and school related activities and events.

H. Railroad operations and locomotives, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations.

I. Collection of refuse by City contracted waste hauler.

J. Traditional residential yard landscaping maintenance activities (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing and similar activities) that occur between 7:00 a.m. and 8:00 p.m.